Muth Estate, 2019 ABQB 922

JudgeHonourable Mr. Justice Little
Citation2019 ABQB 922
Docket Number1403 06381
CourtCourt of Queen's Bench of Alberta (Canada)
Date03 December 2019
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6 practice notes
  • Hannam v Medicine Hat School District No. 76, 2020 ABCA 343
    • Canada
    • Court of Appeal (Alberta)
    • September 25, 2020
    ...granted 2019 ABQB 662 82 Muirfield Village Ltd. v. Borsuk dismissal granted 2019 ABQB 160 83 Muth Estate v. Liesch judgment denied 2019 ABQB 922 84 Nadeau v. Neilson judgment denied 2019 ABQB 810 85 Nelson & Nelson v. Condominium Corp. No. 0013187 dismissal denied 2019 ABQB 426 86 Nelso......
  • Giles (Re),
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • January 25, 2022
    ...Trustee Act, which provides that a trustee may be entitled to indemnity by a beneficiary who instigated a breach of trust: Muth Estate, 2019 ABQB 922 at para 62. Section 26 When a trustee has committed a breach of trust at the instigation or request or with the consent in writing of a benef......
  • Income Tax Clearance Certificates And The Right Of Liquidators To Indemnification
    • Canada
    • Mondaq Canada
    • January 23, 2020
    ...correct amount of taxes owing. Justice Little of the Court of Queen's Bench of Alberta addressed this issue in the case of Muth Estate 2019 ABQB 922. Justice Little decided that in accordance with trust law principles applicable in Alberta, where a legal representative of an estate distribu......
  • Tax Obligations Of An Estate And Executor
    • Canada
    • Mondaq Canada
    • January 16, 2020
    ...a recent Alberta case (Muth Estate, 2019 ABQB 922), the Court found that an Executor could not legally require beneficiaries to indemnify the Executor for the payment of taxes owed by the The deceased died in 2008. His ex-wife (Ms. Muth) and a set of nieces and nephews first went to Court t......
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2 cases
  • Hannam v Medicine Hat School District No. 76, 2020 ABCA 343
    • Canada
    • Court of Appeal (Alberta)
    • September 25, 2020
    ...granted 2019 ABQB 662 82 Muirfield Village Ltd. v. Borsuk dismissal granted 2019 ABQB 160 83 Muth Estate v. Liesch judgment denied 2019 ABQB 922 84 Nadeau v. Neilson judgment denied 2019 ABQB 810 85 Nelson & Nelson v. Condominium Corp. No. 0013187 dismissal denied 2019 ABQB 426 86 Nelso......
  • Giles (Re),
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • January 25, 2022
    ...Trustee Act, which provides that a trustee may be entitled to indemnity by a beneficiary who instigated a breach of trust: Muth Estate, 2019 ABQB 922 at para 62. Section 26 When a trustee has committed a breach of trust at the instigation or request or with the consent in writing of a benef......
4 firm's commentaries
  • Income Tax Clearance Certificates And The Right Of Liquidators To Indemnification
    • Canada
    • Mondaq Canada
    • January 23, 2020
    ...correct amount of taxes owing. Justice Little of the Court of Queen's Bench of Alberta addressed this issue in the case of Muth Estate 2019 ABQB 922. Justice Little decided that in accordance with trust law principles applicable in Alberta, where a legal representative of an estate distribu......
  • Tax Obligations Of An Estate And Executor
    • Canada
    • Mondaq Canada
    • January 16, 2020
    ...a recent Alberta case (Muth Estate, 2019 ABQB 922), the Court found that an Executor could not legally require beneficiaries to indemnify the Executor for the payment of taxes owed by the The deceased died in 2008. His ex-wife (Ms. Muth) and a set of nieces and nephews first went to Court t......
  • Executor Releases: The Parameters On What Is Possible
    • Canada
    • Mondaq Canada
    • March 11, 2020
    ...of their opposition to signed releases and indemnities and their related behaviour. See Estate of Catherine Davediuk, 2013 MBQB 307. 2 2019 ABQB 922 [Muth 3 [1998] OJ No 3144 [Brighter Estate]. 4 Brighter Estate at para. 9 [Emphasis added]. 5 Brighter Estate at para. 9. 6 The "executor's ye......
  • CaseNotes for February, 2020
    • Canada
    • Mondaq Canada
    • February 19, 2020
    ...it is best to avoid this mess altogether by being careful not to over-contribute to registered plans from the start. Muth Estate, 2019 ABQB 922 by Jeanne In this Alberta Court of Queen's Bench decision, the Court was asked to rule on whether an executor may seek indemnification from benefic......

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