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Alberta Court of Appeal upholds testator s right to keep pre-death financial accounts confidential

Heirs claimed testator was unduly influenced to transfer assets before death

Alberta Court Confirms Competent Testator s Right To Privacy - Privacy

In the recent Alberta decision of Duhn Estate, 2021 ABQB 35, the Court of Queen s Bench has confirmed that, absent a sufficient evidentiary basis, the Court will not displace a testator s right to keep her pre-death financial life private and confidential. The applicants in Duhn Estate were two of the Testator s children and beneficiaries of her estate. The applicants sought a full financial disclosure regarding inter vivos transfers of money and real and personal property during the last four years of her life. The value of the Testator s estate had decreased significantly in the four years preceding her death, which the Court noted raised

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