My last will and textament

What would you look for in a document to determine if it was a legally valid will?  An Australian man’s estate recently made headlines when the Queensland Supreme Court admitted an unsent text message into probate as his valid last will. The deceased created the following text message on his cell phone shortly before he […] Read More

(Don’t) live together, love together

A frequent area of estate litigation involves claims by adult interdependent partners against the estates of their deceased partners.  An adult interdependent partner is roughly the Alberta equivalent of a common law spouse, but may include other types of relationships. To qualify as an adult interdependent partner, two people must cohabit in a relationship of […] Read More

You can ask for advice and directions

Acting as an executor or personal representative is a challenging job.  A personal representative is expected to follow the terms of a will, trust document or Court order and to do so prudently and competently.  Sometimes, the testator or the settlor of a trust adds to an already difficult job by creating an unclear will […] Read More

Define your children in your will

Clarity matters when preparing your will and estate plan in Alberta.  Even a seemingly simple direction to divide your estate equally between your children may run into unexpected problems if you have a complex family structure and are not clear enough about your wishes in your Will.  In recent Alberta Court of Queen’s Bench decision, […] Read More

The King of Pop on death and taxes

Today is the eighth anniversary of the death of Michael Jackson, the undisputed King of Pop. Albertans preparing wills and estate plans should look beyond the sensational headlines about the singer’s life and the circumstances of his death and consider the issues faced by Jackson’s estate when creating their own estate plans. Using Jackson’s estate as an […] Read More