Malkit Atwal
Malkit Atwal
Partner
Overview
Experience
Professional
Community
News + Views + Events
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 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
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, Alberta Court of Queen’s Bench
Fullowka v. Pinkertons of Canada, 2010 SCC 5, Supreme Court of Canada
October 2021 - 1 min read
Can a Power of Attorney Change a Beneficiary on a Life Insurance Policy?
A Power of Attorney is a legal document where an individual (the donor) appoints someone else (the attorney) to look after the donor’s financial affairs in the event the donor loses capacity to handle his or her own affairs. A Power of Attorney i...
November 2020 - 1 min read
Why you Need to Talk to Your Estates Lawyer About Your Personal Directive
A personal directive is a legal document that allows you to name someone to act as your agent to make personal decisions on your behalf in case you lose the capacity to make decisions for yourself.The types of personal decisions that an agent may be re...
December 2019
No Life After Death: Woman Loses Battle to Use Deceased Husband’s Sperm
Surviving spouse loses fight to use reproductive material taken from deceased husband due to lack of consent.  In L.T. v D.T. Estate (Re), 2019 BCSC 2130, the BC Supreme Court dealt with a difficult and challenging application advanced by a s...
November 22, 2018
Tips + Resources for Charities and Non-Profits as Estate Beneficiaries
Seminars
Wills, Estates + Trusts Seminar
Join Field Law’s Wills, Estates + Trusts Group and your colleagues from the non-profit sector for a complimentary lunchtime seminar. This seminar is designed to assist charities and non-profit organizations and their staff with an understanding o...
April 2017
LESA Seminar on Estate Litigation Fundamentals
Seminars
September/October 2015
LESA Seminar on Estate Accounting
Seminars
  • 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
University of Alberta, 2006, Bachelor of Laws
University of Victoria, 2001, Bachelor of Commerce
Admissions
Alberta,2007