Justice Nielsen released his decision in Kachur Estate,
2017 ABQB 786, on December 19, 2017. While disputes regarding
estate succession in the farming context are common throughout
Alberta, reported decisions are less plentiful, given that most
matters settle prior to a hearing. This decision provides some
guidance regarding the passing of farm land and equipment in not
uncommon circumstances.
In this case, the testator farmed some property with his
brother. The testator's will provided that a life estate be
provided to the brother to allow him to continue farming, along
with "all of my farm equipment". Upon the death of the
brother, the land and equipment was to go to the testator's two
nephews in equal shares. Other issues were also dealt with in the
decision, but for the purposes of this blog post, we will be
dealing with what the court decided relating to "farm
equipment" and the extent of the brother's gift. The
brother argued at trial, that he owned the farm
