ESTATES NEED A LAWYER IN COURT

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ESTATES NEED A LAWYER IN COURT

John McMullin • Mar 22, 2021

Yes, Estates need a Lawyer for Court Appearances

March 22, 2021 -

John McMullin, Associate Lawyer, LETOURNEAU LLP

Can you represent yourself in Court if you are a personal representative, or do you need to hire a lawyer? The answer is simple: an estate is required to have a lawyer for Court appearances. A personal representative (often referred to as an executor) who shows up to Court when an estate is being sued, or is suing, will be told by a judge to go get a lawyer.

The Alberta Court of Appeal confirmed this finding in a case called Oommen v Ramjohn, 2015 ABCA 34. Mr. Oomen was one of the personal representatives for the estate of Frederick Allan Chapman. He had obtained a judgement against a Mr. Ramjohn on behalf of the estate and attempted to ask the Court to deal with distributing funds due to the Estate because of that judgment.

The Court ruled that only individuals could represent themselves in Court, and an Estate is not an individual. This is similar to the rules for corporations, which cannot represent themselves in Court either.

Personal representatives can do many things. They can apply for probate and deal with the estate property according to the will when the proper procedures are followed. Many personal representatives need relatively little assistance from a lawyer.

However, as a result of Oomen and similar cases, legal representation for an estate is not something a personal representative can handle. They cannot stand up in a courtroom and make arguments on behalf of an estate in front of a judge. If you are looking for someone to represent an estate in the Courtroom, please contact our team of experienced litigators for a free half hour consultation.

This article is for information purposes only and does not constitute legal advice.

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