Malkit Atwal
Malkit Atwal
Partner,
Practice Group Leader
Overview
Experience
Professional
Recognition
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Notable Work

Malkit Atwal practices in the areas of wills, estates and trusts with a focus on estate litigation, estate administration, and estate planning matters.

Malkit strives to earn the trust and confidence of his clients by achieving their goals in a timely, cost-effective and conscientious manner. He has presented at numerous continuing legal education seminars, appeared at a variety of levels of court throughout Alberta, and has participated in hearings before the Court of Appeal of the Northwest Territories and at the Supreme Court of Canada.

Regularly acting on behalf of both executors and estate beneficiaries in estate litigation matters, Malkit and has been involved in numerous Court hearings involving claims made against or by an estate, including family maintenance and support claims, variation of trusts, removal of trustees, will challenges, and estate accounting applications.  

Malkit’s estate planning practice involves probate, drafting Wills, Enduring Powers of Attorney and Personal Directives. He works with clients to understand their goals and develops tailored plans to suit their circumstances. Malkit also regularly advises both local and national charities and private foundations on governance issues to ensure compliance with CRA’s strict rules regarding the operation of such entities.  

Value to Clients

"As an estate lawyer, I often meet clients who have recently suffered a loss. For many, it is an extremely emotional and stressful time in their lives. My role as their lawyer is to take some of the stress off their hands and help guide them through the legal process as efficiently and conscientiously as possible."

Outside the Office

Malkit spends time with his family and loves to travel to sunny destinations. He is a squash player, golf enthusiast, foodie, movie buff and avid reader, whose favourite book is Tale of Two Cities, by Charles Dickens.

CBA Wills and Trusts Subsection
Executive
2014 - Present
CBA Elder Law Subsection
Chair
2014 - Present
Canadian Bar Association, Elder Law Group
Co-Chair
2014 - Present
Canadian Bar Association
Member
2007 - Present
Leading Practitioner: Estate + Personal Tax (Estate + Tax Planning)
Canadian Legal Lexpert® Directory
2024
Leading Practitioner: Estate + Personal Tax (Estate Litigation)
Canadian Legal Lexpert® Directory
2024
Listed Trusts + Estates
The Best Lawyers™ in Canada
2024
"Repeatedly Recommended" Estate & Personal Tax Planning; Estate & Tax Planning, Estate Litigation
Canadian Legal Lexpert® Directory
2023
Canadian Bar Association
Co-Chair, Elder Law Group
2014 - Present
Splett v Splett, 2020 ABCA 61
Splett v Splett, 2017 ABQB 658
Williams  v. O’Leary, 2011 ABQB 229
Fullowka v. Pinkertons of Canada, 2010 SCC 5, Supreme Court of Canada
  • Successfully argued that a foster child (who had been part of a family for more than 40 years) be considered a child for the purposes of the deceased parent's will and was entitled to a share of the estate. 
  • Resolved a family dispute when one of two siblings who had been given power of attorney, used the document to prevent the other sibling from visiting their father in hospital.
Education
Harvard Law School, 2023, Certificate, Mediation and Conflict Management
University of Alberta, 2006, Bachelor of Laws
University of Victoria, 2001, Bachelor of Commerce
Admissions
Alberta,2007