Matthews Estate, Re, (1992) 126 A.R. 287 (QB)

• Judge: McFadyen, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 06, 1992
• Citations: (1992), 126 A.R. 287 (QB)

Matthews Estate, Re (1992), 126 A.R. 287 (QB)

MLB headnote and full text

In The Matter Of the Estate of George Matthews, deceased, late of the City of Camrose, in the Province of Alberta

And In The Matter Of an application for advice and direction as to the distribution of the Estate of George Matthews

(Action No. 9103-17702)

Indexed As: Matthews Estate, Re

Alberta Court of Queen's Bench

Judicial District of Edmonton

McFadyen, J.

January 6, 1992.

Summary:

The administrator of an intestate's estate applied for directions respecting two ques­tions concerning the estate.

The Alberta Court of Queen's Bench answered the questions.

Devolution of Estates - Topic 446

Devolution - General - Children - Effect of adoption - [See Family Law - Topic 1674 ].

Devolution of Estates - Topic 486

Devolution - General - Brothers and sisters - Descendants of - Persons entitled to take - An intestate died survived by two brothers and several nieces and neph­ews (the children of the brothers and sis­ters who predeceased him) - The Alberta Court of Queen's Bench held that ss. 6 and 7 of the Intestate Succession Act governed - The court held that no right of inheri­tance was given to children of any deceased niece or nephew - See para­graphs 13 to 17.

Family Law - Topic 1674

Adoption - Effect of adoption - On inher­-itance rights - The Alberta Court of Queen's Bench held that in Alberta children adopted outside the family have no right to share in the estate of their biological parents or of persons related to their biological par­ents - See paragraphs 6 to 12.

Cases Noticed:

Purpur Estate, Re; Purpur Estate v. Ash, Webster, Haberstock and an Unknown Infant (1984), 28 Man.R.(2d) 288; 17 E.T.R. 188 (Q.B.), refd to. [para. 5].

Mernickle v. Westaway, [1985] 4 W.W.R. 84 (B.C.S.C.), revsd. (1986), 25 D.L.R.(4th) 759 (B.C.C.A.), refd to. [para. 5].

Kowbel Estate, Re; Cooperative Trust Company of Canada v. Administrator of Estates for Saskatchewan and Saskatchewan Department of Social Services, [1984] 1 W.W.R. 47; 27 Sask.R. 65 (Q.B.), refd to. [para. 5].

Mernickle v. Westaway, Re (1986), 25 D.L.R.(4th) 759 (B.C.C.A.), revsing [1985] 4 W.W.R. 84 (B.C.S.C.), refd to. [para. 8].

Jensen, Re (1964), 47 D.L.R.(2d) 630 (B.C.S.C.), refd to. [para. 8].

Oliphant Estate, Re (1990), 84 Sask.R. 44; 38 E.T.R. 133 (Q.B.), refd to. [para. 9].

Huston v. Ash et al., [1985] 2 W.W.R. 634 (Man. C.A.), refd to. [para. 9].

Chauvin v. Rachow et al. (1988), 67 O.R.(2d) 35 (Ont. S.C.), refd to. [para. 9].

Statutes Noticed:

Child Welfare Act, S.A. 1984, c. C-8.1, sect. 65 [paras. 4-5, 7, 10].

Intestate Succession Act, R.S.A. 1980, c. I-9, sect. 1(b) [para. 5]; sect. 6 [paras. 3, 6, 14]; sect. 7 [para. 15].

Counsel:

R.R. Hobbs, for the administrator of the estate;

B.A. Burns and G. Peacock, for Bendick and Kelly.

This matter was heard before McFadyen, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on January 6, 1992.