All the deceased's children, originally named in the will, had passed away, leaving 42 beneficiaries
In a ruling nearly 30 years after the death of a woman in 1995, the Court of King’s Bench of Alberta has ordered the sale of the remaining lands in her estate, putting an end to a long-standing legal dispute among her heirs.
The case involved two remaining lots of land in the municipal district of Opportunity, Alberta, after a 2015 expropriation of most of the original property. The parties asked the court to address how to handle the remaining assets and competing claims from beneficiaries who had inherited shares in the estate.
The executor of the estate, appointed under the deceased’s will, sought court approval to sell the two lots, referred to as lot 1 and lot 2, and distribute the proceeds to the beneficiaries, as outlined in a 2023 court order. The estate’s administration had been complicated by the fact that all eight of the deceased’s children, originally named in the will, had also passed away, leaving a total of 42 beneficiaries.
Several beneficiaries objected to the executor’s request. One, who had been living on lot 2 for several decades, claimed an ownership interest in the property based on a 1989 agreement between her late husband and the deceased, her residence on the land, and her payment of property taxes over the years. Other beneficiaries requested that the land be subdivided so they could inherit physical portions rather than a share of the sale proceeds.
The court rejected the claim for ownership of lot 2 but acknowledged the occupant’s right to compensation for improvements made to the property. The occupant was given the option to purchase lot 2 at a price reduced by the value of the enhancements or to receive $15,000 if she chose not to proceed with the purchase.
In addition, the court discharged caveats registered against the estate’s lands and directed that both lots be sold. Following the settlement of any outstanding estate costs, the proceeds will be held in trust and distributed among 42 beneficiaries according to their respective shares.
This decision concludes a long-standing legal dispute, allowing the final steps in the estate’s administration to move forward after nearly three decades.
