Third-Party Disclosure in Estate Matters: Court Orders, Privacy Legislation, and Best Practices

Presented by the CBA Alberta Wills & Trusts (South) Section

On Demand. Originally presented on Apr. 14, 2026.

Third party disclosure in estate matters is rarely straightforward. In contested wills, disputes involving personal representatives, and incapacity challenges, key evidence often rests with government bodies and other third parties, including financial institutions and regulated service providers. Obtaining those records requires careful navigation of privacy legislation, institutional processes, and well crafted court orders.

This presentation examines how recent legislative changes and institutional restructuring in Alberta have altered the disclosure landscape. It explains how to ground requests in proper authority, draft proportionate and enforceable orders, and manage delay or resistance from record holders.

Third party disclosure extends beyond estate litigation. Attorneys, agents, guardians, trustees, and personal representatives in non contentious matters frequently require records for a donor or represented adult to administer property and act in the best interests of those they serve. The session outlines practical strategies to secure those records efficiently and effectively in both contentious and routine estate and adult representation matters.

PRESENTERS

Eleanor Carlson (Partner, Carbert Waite LLP)

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