Volunteer Profile

Eleanor Carlson

Carbert Waite LLP

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Papers

  • Non-Resident Personal Representatives in Alberta Estates: Practical Guidance for Estate Lawyers

    Author: Eleanor Carlson Administering an Alberta estate becomes more complex when the personal representative lives outside the province—or outside Canada altogether. As families become increasingly mobile and geographically dispersed, these situations are more common and present unique legal and practical challenges. This paper explores the legal requirements, procedural hurdles, and practical considerations involved when personal representatives are based abroad. These materials were presented at LESA’s Bridging the Distance: Non-Resident Personal Representatives in Alberta Estates webinar on March 3, 2026.
  • Testamentary Intention & Family Maintenance and Support Claims

    In Alberta, when a family maintenance and support (FMS) claims is made against an estate, the Courts are to balance testamentary intention with the need to provide for the deceased’s “family members”, as defined in the Wills and Succession Act. This paper explores the limits on testamentary intention stemming from the legal rights of certain classes of individuals who can apply to the Court and request a provision from an estate where they were not adequately provided for. This paper was presented at LESA’s Family Maintenance and Support Claims: Testamentary Intentions vs. Moral Obligations webinar on October 1, 2024.
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