Limitations Issues in Estate Litigation

SKU: 62248.05

Author: Françoise H Belzil

This paper discusses the application of the Alberta Limitations Act to estate litigation generally. Specifically it addresses claims to which the Act does not apply and explores situations in which a claimant is a person under disability, where a claimant is a minor, and where a plaintiff is the Personal Representative. The paper also provides examples of the application of the discoverability rule in recent Alberta estate cases.

This paper is part of a collection presented at LESA’s 2022 Refresher: Wills and Estates program in Banff on April 29-May 2, 2022.

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