What is the effect of a motion for summary judgment in a personal representative of a deceased’s estate against the Respondent?
Alberta, Canada
The following excerpt is from Moody Estate (Re), 2011 ABQB 222 (CanLII):
I have already found that the alleged loans, even if made and even if still outstanding, are statute-barred. Further, I conclude that the expiration of the limitation period with respect to any such loans extinguishes any right to collect them. As discussed above, it follows from this conclusion that the rule in Cherry v. Boultbee does not operate to permit the personal representatives of the deceased’s estate to take into account any such alleged loans in making distributions to the Respondent. The application for summary judgment is granted and the Respondent is to receive his full share as a residuary beneficiary. Costs
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of proximity between investors in a real estate transaction where the real estate agent is selling real property in real estate? (Alberta, Canada)
What is the effect of a clause in a personal injury judgment requiring the payment of interest on principal after judgment? (Alberta, Canada)
What is the test for summary judgment in a motion for summary dismissal? (Alberta, Canada)
Is a motion for summary judgment a genuine issue requiring a trial? (Alberta, Canada)
In what circumstances will a court grant summary judgment in a personal injury action? (Alberta, Canada)
How have the courts in the United States and Canada interpreted the principles of the Court of Appeal in the context of a motion for summary judgment? (Alberta, Canada)
What is the liability of the estate, the personal representative and the surviving spouse for funeral expenses? (Alberta, Canada)
What is the scope of a review of the evidence in the context of a motion for summary judgment? (Alberta, Canada)
Can a former beneficiary of a deceased testator bring a claim against the deceased’s estate solicitor? (Alberta, Canada)
Can a claim of delay be considered relevant in the context of a motion for summary judgment? (Alberta, Canada)
