Memory as the “Grand Criterion” for Capacity

AngelaFor Lawyers

A decision has just been released by the courts in Alberta confirming what wills and estate lawyers have always known but rarely say out loud:  powers of memory are absolutely essential before a will-maker can be said to have testamentary capacity. Re Arena Estate, 2020 CarswellAlta 628, 2020 ABQB 206 (Alta. Q.B.) was just released.  The court stated at para. … Read More

Tax Treatment of Estate


EXCERPT FROM TAXATION OF TRUSTS: TAX TREATMENT OF AN ESTATE Reprinted from Chapter 2 “Types of Trusts and Planning”, s.2.1.2(b)(vii) “An Estate”, pp. 42-44, in Taxation of Trusts and Estates:  A Practitioner’s Guide 2011, by Larry H. Frostiak, John Poyser and Grace Chow, by permission of Carswell, a division of Thomson Reuters Canada Limited. An estate is not a trust,31[] but is afforded … Read More

Trust Protects Family


Joan Brown had one daughter.  The daughter led a troubled life.  She had a drug problem.  She was prone to depression.  She developed health problems. She was unable to work and became dependent on the Ontario Government for income support. It was a happy day when her daughter had children of her own – three girls.  They were Joan’s only … Read More