New bill would limit government s legal liability for joining injury lawsuits
A new bill would limit the legal costs the provincial government could pay for joining injured claimant lawsuits that ultimately fail, and would make discretionary the penalties auto insurers face for not providing information about insurance premiums.
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[co-author: Mikayla Hill - Articling Student]
A person who challenges the validity of a will has the burden of rebutting the presumption that a will is valid. In
Logan Estate (Re), 2021 ABCA 6, the challenger was unable to rebut this presumption due to the strength of the drafting solicitor s notes. This case reaffirms the importance of specific protocols that a solicitor should follow when drafting and executing a will, and in particular emphasizes the importance of keeping good file notes.
Background
The deceased, Velma Logan, made two prior wills that divided her estate equally amongst her six children. If a child predeceased her, that child s share would pass to his or her surviving children (Velma s grandchildren). Subsequently, one of Velma s children, Bonnie Balanko, died. Velma then changed her will leaving her estate to her five surviving children, rather than leaving Bonnie s share to her children.