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ARTICLE · 21 NOVEMBER 2022

Duhn Estate And The Testator's Right To Privacy

The Testator had seven children and lived on a successful farm with her late husband, Robert Larsen Duhn. The family farm was sold in 2009 and several million were transferred to the Testator,...

CanadaPrivacy

The Court of Appeal affirmed1 the Alberta Court of King's Bench (the "Court") decision in Duhn Estate, 2021 ABQB 35 ("Duhn Estate"), which dismissed an application for further documentary production of accounting information for four years prior to Alice Jean Duhn's (the "Testator") death.

Facts:

The Testator had seven children and lived on a successful farm with her late husband, Robert Larsen Duhn. The family farm was sold in 2009 and several million were transferred to the Testator, her late husband, and two of the children who had had interests. When Robert Duhn died in 2014, he left his whole estate to the Testator. Over the next four years, the Testator spent several million on her children and grandchildren. By the time of her death, her estate was worth approximately $4.5 M (several million less than it had been in 2014).

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