What is the effect of a motion for summary judgment in a personal representative of a deceased’s estate against the Respondent?
Alberta, Canada
The following excerpt is from Moody Estate (Re), 2011 ABQB 222 (CanLII):
I have already found that the alleged loans, even if made and even if still outstanding, are statute-barred. Further, I conclude that the expiration of the limitation period with respect to any such loans extinguishes any right to collect them. As discussed above, it follows from this conclusion that the rule in Cherry v. Boultbee does not operate to permit the personal representatives of the deceased’s estate to take into account any such alleged loans in making distributions to the Respondent. The application for summary judgment is granted and the Respondent is to receive his full share as a residuary beneficiary. Costs
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