Hot Off the Judicial Presses: Estate and Trust Case Law Update 2025

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

On Demand. Originally presented on May 12, 2026.

Join us for a comprehensive review of the most significant Alberta estates decisions from the past year. The themes emerging from recent jurisprudence cut across every area of estate practice.

- Planners: How courts are scrutinizing capacity, undue influence, and suspicious circumstances when wills are challenged, and what the case law says about the use of joint accounts and inter vivos gifts as planning tools.

- Administrators: The scope of personal representative duties, beneficiary standing, court directions, and disclosure obligations on ex parte and surrogate applications.

- Litigators: Mareva orders and asset preservation in the estates context, the presumption of resulting trust in jointly held assets, blended-family and family property interactions, and the costs consequences of unsuccessful estate proceedings.

Practical takeaways will be drawn from leading decisions including:

- Barwick v Williamson,
- Ripley Estate v Ripley,
- Steele Estate v Prairie Bible Institute,a
- Aschenbrenner v Barr,
- Lalonde v Waddell, and
- Schneider v Homenick.

A must-attend session for anyone whose practice touches estates.

PRESENTERS

Eleanor Carlson (Partner, Carbert Waite LLP)
Davud Camgoz (Associate, Carbert Waite LLP)

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