Volunteer Profile

Marty Birky

Hayher Lee LLP

On-Demand Programs

Papers

  • AIP Estates: Defining Adult Interdependent Relationships in Estate Law

    Estate practitioners are tasked with the challenging responsibility of assisting clients and the Courts to navigate through the ever-changing legal landscape surrounding AIPs. This paper explores the implications of adult interdependent relationships and how they are treated in the estate context in Alberta. These materials were presented at LESA’s Were they AIPs? A Comprehensive Review of Adult Interdependent Relationships in the Estate Context webinar on November 24, 2025.
  • 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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