Silva Estate (Re)

Decided: 2026-10-15. Docket: 2501-0302AC. Citation: 2026 ABCA 325 (CanLII). Estates and wills — Surrogate matters — Attorney accounting and estate administration — Appeal from surrogate action order directing repayment to the estate and removing the personal representative — Enduring power of attorney accounting and post-death expenditures addressed — Court’s protective role over the estate and beneficiaries considered — Appeal allowed in part | Procedure — Jurisdiction — Remedies not expressly pleaded — Whether the chambers judge lacked jurisdiction to order repayment on a passing of accounts — Powers of Attorney Act, s. 10(4) and s. 10(1) applied — Judicature Act, s. 8 and Alberta Rules of Court, r. 1.3(2) relied on — No surprise or prejudice found — Repayment orders affirmed | Estates a