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Estates and trusts
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Are elderly parents and their adult children (or close relatives) in a “special relationship” sufficient to raise a presumption of undue influence?
Does a testator's lack of literacy or understanding of the language of a will give rise to suspicious circumstances?
What factors have Alberta courts (and courts of appeal of other jurisdictions) considered when determining whether a “special relationship” exists sufficient to raise a presumption of undue influence?
What factors have Alberta courts (and courts of appeal of other jurisdictions) considered when determining whether a presumption of undue influence has been sufficiently rebutted?
What is required to prove undue influence or coercion where the validity of a will has been challenged?
What is the burden of proof when challenging the validity of a will?
What is the current state of the law, particularly the onus of proof, with respect to challenging a will based on lack of testamentary capacity and/or undue influence?
When will an adult child be considered to be in a “special relationship” vis-à-vis either his or her grandparents or parent such as would raise a presumption of undue influence against him or her? If a presumption of undue influence exists, how can it be successfully rebutted, and on whom is the onus of proof?
When will an adult child be considered to be in a “special relationship” vis-à-vis either his or her grandparents or parent such as would raise a presumption of undue influence against him or her? If such a presumption exists, how can it be successfully rebutted, and on whom is the onus of proof?
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Actions involving personal representatives
Construction of wills
Dependants' relief legislation
Estate tax and succession duties
Grant of probate or letters of administration
Legacies and devises
Passing of accounts
Powers and duties of personal representatives
Requirements for due execution of will
Revocation and alteration of will