Tag: probate

It is fairly rare for judges to directly criticize lawyers in written decisions relating to estate matters, at least in my experience. When I do run across it, it sends a strong signal because there is usually an important lesson in the criticism. The judge’s displeasure with the lawyer who drafted the will at the […] Read More

Two years ago to this day, a promising young actor’s life was cut short by a tragic accident at his Los Angeles home. Anton Yelchin, age 27, was killed in his driveway when his SUV rolled back and pinned him against his security fence and mailbox. Yelchin rose to prominence for his portrayal of the […] Read More

Illustration by Mark Raven Jackson Today marks the 21st anniversary of the death of Christopher Wallace, or probably better known to you as legendary rap artist Notorious BIG or Biggie. Wallace died at the age of 24 after being shot in Los Angeles. The controversy surrounding his death continues to garner media attention to this […] Read More

If you dread doing your own taxes, then think twice about becoming an executor of an estate. One of the core duties of a personal representative is to deal with the deceased’s taxes. In Alberta, the duty is contained right in the Surrogate Rules, which state that: Determining the income tax or other tax liability […] Read More

I have been on quite the hiatus since last year!  I apologize – I have found that a wills and estates practice inevitably ramps up in the last month of the year on both the planning and litigation sides and last December was no exception. In the middle of all of the usual pre-holiday madness, […] Read More

If you have a will, you may have spelled out your detailed wishes for your funeral in the document.  Would you be surprised to know that your personal representative does not have to follow them?  You may have also heard that funeral expenses get paid out from an estate in priority to all other expenses.  […] Read More

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

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

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