COVID-19, Wills and Dependent Children with Disabilities

  • August 26, 2020
  • Kimberly Srivastava
  • Comments Off on COVID-19, Wills and Dependent Children with Disabilities

Making or Updating your will in light of the pandemic?

A recent case in Alberta: Lamont Estate, 2020 ABQB 449 (link), dealt with the sale of a house where the testator’s dependent daughter lived. The daughter challenged the sale as she had lived in the house rent-free for years. The daughter had various disabilities and sought to preserve her ability to live in the home. Ultimately, the Court decided that the testator’s desire to sell the house should be upheld. The house was to be sold in accordance with the will.

You can read more about the case here (link).

This case is a good reminder that clarity in a will is essential as the Court will seek to uphold the testator’s wishes as stated in the will.

– This post is current as of the time of writing. Readers should not rely on this post as legal advice. –

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