Bennett Jones

Education

University of Calgary, BA, 1989, with distinction Dalhousie University, LLB, 1993

Bar Admissions

Alberta, 1994

Barbara J. Kimmitt KC

Partner

T: 403.298.3665 / E: kimmittb@bennettjones.com

Calgary

Barbara Kimmitt is an experienced lawyer and mediator with over 25 years of experience in Wills, Estates and Trusts matters, including in complex disputes. As a mediator, Barbara helps her clients resolve their estate disputes outside of the courtroom. She is consistently recommended by The Canadian Legal Lexpert Directory in the area of Estate & Personal Tax Planning.

Barbara assists clients with personal estate planning, including the preparation of Wills, Enduring Power of Attorneys, Personal Directives, and planning relating to business succession. Barbara advises clients in the preparation of trusts for estate and tax planning purposes. She assists trustees in applications to pass their accounts, and represents beneficiaries and/or trustees in applications for the advice and direction of the court, or for orders to vary or terminate trusts.

Barbara frequently advises clients who are personal representatives of simple or complex estates, including estates involving cross-border considerations, or contentious matters. She also represents beneficiaries of estates or trusts, and advises with respect to the rights of beneficiaries and the obligations of personal representatives and trustees. Barbara has appeared before the Alberta Court of Queen's Bench, the Alberta Court of Appeal, administrative bodies and in various alternative dispute resolution proceedings. She has participated in numerous mediations and has guided clients to solutions and settlements in a variety of disputes relating to estate litigation. Barbara has also completed the Mediation and Conflict Management course with Harvard Law School.

In addition to her practice, Barbara has participated in many experts table meetings with the Alberta government for the development of law relating to Wills, Estates, and Trusts. She is currently a member of the Surrogate Rules Committee, which is an Advisory Committee established to make recommendations regarding the rules of court and court forms relating to surrogate (estate) matters. She is past chair of the Canadian Bar Association, Alberta South, Wills & Trusts, and has held every position on the executive of that section. She has been an adjunct professor of the Wills course at the University of Calgary Law School, an instructor of the certified financial planners course and an instructor of the Bar Admission course and Canadian Centre for Professional Legal Education (CPLED). She has given numerous presentations to the Legal Education Society of Alberta, the Society for Trusts and Estate Practitioners, and the Canadian Bar Association. She is also a long-time member of the Society of Trusts and Estate Practitioners.

Select Experience

Mawhinney v Scobie, 2019 ABCA 76, on August 8, 2019, leave to appeal to the Supreme Court of Canada was denied

Recent Recognitions

Chambers High Net Worth Guide

Ranked as a leading lawyer, Private Wealth Law
Canadian Legal Lexpert Directory

Repeatedly Recommended, Estate & Personal Tax Planning

Recent Insights, News & Events

Alberta Permanently Adopts Remote Signing for Wills, Powers of Attorney and Personal Directives
Blog / March 07, 2025
Alberta has updated its legislation regarding testamentary and incapacity planning to allow the remote execution of wills, powers of attorney, and personal directives, eliminating previous time restrictions. While initially introduced as a temporary measure during COVID to accommodate distancing and travel restrictions for medical reasons, remote execution of these documents is now permanently permitted. In other words, wills, powers of attorney, and personal directives may now be signed remotely for any reason, without medical justification. The legislation does not include any provisions respecting the use of electronic or digital signatures in the creation of testamentary and incapacity planning documents.
Wealth Management for Ultra-High-Net-Worth Individuals: Utilizing Trusts for Cross-Border Planning
Speaking Engagements / October 08, 2024
Barbara Kimmitt participated in a panel at the STEP Canada-USA 2024 Cross-Border Conference, discussing the advantages of using trusts in wealth planning for ultra-high-net-worth individuals.
Barbara Kimmitt on Matters Beyond Wealth
Speaking Engagements / October 03, 2024
Barbara Kimmitt recently was a guest on RBC Wealth Management's Matters Beyond Wealth podcast. This episode discussed common misconceptions surrounding trusts, including the belief that they are only relevant for the ultra-wealthy or minors. The episode also explored the unique benefits and considerations associated with lifetime trusts, emphasizing their role in a variety of estate planning strategies.
Barbara Kimmitt and Darcy Moch Once Again Recognized as Experts in Private Wealth Law
Announcements / July 23, 2024
Bennett Jones partners Barbara Kimmitt and Darcy Moch are ranked as leading lawyers in the area of Private Wealth Law in the Chambers High Net Worth 2024 guide.
Beyond Succession: The Legal Labyrinth of Family Business Succession
Podcast / October 18, 2023
In this episode of Beyond Succession, Leah Tolton is joined by Barbara Kimmitt KC, a partner in Bennett Jones' Tax group, as they discuss the intricacies of family business ownership transition planning and estate planning for entrepreneurs. They cover topics such as the differences between wills, enduring powers of attorney and advance directives, and how these documents play a crucial role in the smooth transition of family businesses.
Barbara Kimmitt and Darcy Moch Recognized as Experts in Private Wealth Law
Announcements / July 20, 2023
Bennett Jones partners Barbara Kimmitt and Darcy Moch are ranked as leading lawyers in the area of Private Wealth Law in the Chambers High Net Worth 2023 guide.
Practice Foundations: Wills
Speaking Engagements / March 09, 2023
Barbara Kimmitt and Barbara Stratton were featured panelists and presenters at the Legal Education Society of Alberta's seminar on March 9, 2023. This seminar included presentations on capacity, clauses and special family situations, featuring content and analysis from Beth Jonah.
A New Trustee Act for Alberta and Upcoming Trust Tax Disclosure Rules
Speaking Engagements / February 06, 2023
Barbara Kimmitt and Allyson Cairns-Walji are the featured industry experts presenting at the Estate Planning Council of Calgary's (EPCC) session on new legislation for modernizing trust law in Canada. Barbara and Allyson outline the key changes created by this legislation and the impacts on Alberta resident trusts. Additionally, the presentation reviews the new reporting rules for federal trusts and what needs to be done to prepare for these changes.
Bennett Jones Partners Recognized as Experts in Private Wealth Law
Announcements / July 19, 2022
Bennett Jones partners Barbara Kimmitt and Darcy Moch are ranked as leading lawyers in the area of Private Wealth Law in the Chambers High Net Worth 2022 guide.
Domicile: What Is It, When Does it Matter and Why Do You Care
Speaking Engagements / June 17, 2022
Barbara Kimmitt presents "Domicile: What Is It, When Does it Matter and Why Do You Care" at the virtual 24th National STEP conference. In this session, Barbara explores the impact of domicile on various aspects of estate, trust and tax planning on both the theoretical and practical levels.
Five Bennett Jones Lawyers Honoured with Queen’s Counsel Designation
Announcements / April 07, 2022
Bennett Jones congratulates five of its lawyers on being appointed Queen's Counsel (QC) in Alberta.
Alberta Law Reform Commission on Obligations to Step-Children
Blog / March 10, 2022
The Alberta Law Reform Institute (ALRI) issued its final report in January 2022, entitled "Family Maintenance & Support from the Estate of a Person Who Stood in the Place of Parent." The Report recommends that Alberta legislation should be changed to give rights to step-children against a deceased step-parent's estate. If the Alberta government adopts ALRI's recommendations, this would mean a significant change to the province's succession law. Currently, lawyers can safely advise clients that step-children do not have a claim against their step-parent's estate. The report's recommendations would change that. The Wills & Succession Act of Alberta (WSA) is a consolidation of most of Alberta's laws that relate to what happens when a person dies. It includes provisions around what is required for a valid Will, what happens if a person dies without a Will (i.e. the intestacy provisions) and importantly, who may make a claim for support if the deceased person's Will, or the intestacy provisions, do not make "adequate provision for the proper maintenance and support" of a family member. These claims are commonly referred to as "family maintenance and support claims," or "FMS."
Doctor Assisted Suicide: The Next Step of the Journey
Blog / March 30, 2021
Recent changes to the "Medical Assistance in Dying" (MAID) provisions in the Criminal Code, allow medical or nurse practitioners in Canada to provide MAID to patients who request assistance in dying, who later lose the capacity to consent at the time MAID is administered. As well, it is no longer a prerequisite to MAID that death be "reasonably foreseeable". However, the law-makers remain undecided about how to treat mental illness in the context of MAID, and have essentially declined to make it available for Canadians diagnosed with dementia.
Logan Estate: An Example of Best Practices in Will Drafting
Blog / February 11, 2021
A person who challenges the validity of a will has the burden of rebutting the presumption that a will is valid. In Logan Estate (Re), 2021 ABCA 6, the challenger was unable to rebut this presumption due to the strength of the drafting solicitor's notes. This case reaffirms the importance of specific protocols that a solicitor should follow when drafting and executing a will, and in particular emphasizes the importance of keeping good file notes.
Update on Virtual Execution of Estate Planning Documents in Alberta
Blog / December 01, 2020
On May 15, 2020, in response to the COVID-19 pandemic, Alberta introduced temporary legislative changes to allow for virtual signing and witnessing of Wills, Enduring Power of Attorneys and Personal Directives (Estate Planning Documents) until August 15, 2020.
New Trust Reporting Rules
Blog / August 18, 2020
Beginning in 2021, new reporting rules come into effect for most Canadian resident trusts. The rules are intended to improve the collection of beneficial ownership information with respect to trusts and to help the CRA assess the tax liability for trusts and its beneficiaries. Trustees and their advisors should be aware of the rules summarized in this update.
Just Say "No": Acceptance of a Secret Trust in Bergler v Odenthal
Blog / June 30, 2020
In the June 2020 case of Bergler v. Odenthal, the British Columbia Court of Appeal found that deathbed wishes created a "secret trust", which required the surviving common law spouse to hold the deceased's estate in trust for the deceased's niece. The secret trust also severed the joint tenancy of the defendant and the deceased in property they had purchased together, so that the property no longer passed to the surviving spouse by right of survivorship.
Best Practice Considerations for Virtual Execution of Estate Planning Documents
Blog / June 10, 2020
Due to the COVID-19 pandemic, on May 15, 2020, Doug Schweitzer, Q.C., Minister of Justice and Solicitor General of the Province of Alberta signed Ministerial Order M.O. 39/2020 which modifies current legislation on a temporary basis to allow for virtual witnessing of Wills, Enduring Powers of Attorney and Personal Directives ("Estate Planning Documents"). This modification is in the public interest as due to the COVID-19 pandemic, physical personal attendance with clients for the purpose of executing Estate Planning Documents may not be possible or medically safe.
Bennett Jones Names New Partners
Announcements / April 06, 2020
Bennett Jones is pleased to announce that 27 lawyers have been admitted to the partnership. They serve clients from our offices throughout the firm and represent a cross section of our key industry groups and practice areas including corporate, litigation and dispute resolution, regulatory and tax.
Dealing with No-Contest Clauses
Articles / March 27, 2020
Barbara Stratton and Barbara Kimmitt are both quoted in James Dolan's article "Dealing with no-contest clauses" published in the March 2020 issue of Advisor’s Edge magazine.
Bennett Jones Names Four New Partners
Announcements / March 11, 2019
Bennett Jones is pleased to announce that four lawyers have been admitted to the partnership. They come from a cross-section of practice and industry specialty areas, including labour and employment , health law, wills, estates and trusts, corporate and commercial disputes, employment litigation, class actions, domestic and international commercial arbitration, and investor state arbitration.
Discouraging Family Fights from the Grave
Blog / February 27, 2019
If you are a beneficiary in a will that contains a no-contest clause, and you don't like what the will directs, be careful before you question its validity. You just might lose everything. A no-contest [...]
Contentious Matters in Wills and Estates
Speaking Engagements / November 08, 2018
Barbara Kimmitt presents "Precedents to consider in the Estate Litigation Context" in Calgary and Edmonton.
Drafting Wills and Trusts
Speaking Engagements / February 28, 2017
Barbara Kimmitt presents "Drafting Wills and Trusts" at a Legal Education Society of Alberta Seminar in Edmonton and Calgary.
United Way of Calgary and Area
Speaking Engagements / April 28, 2015
Barbara Kimmitt presents “What's New in the World of Estate Planning and Charitable Giving” to the United Way of Calgary and Area.
Legal Education Society of Alberta – Refresher Course
Speaking Engagements / April 26, 2015
Barbara Kimmitt is a sessional chair for the Legal Education Society of Alberta Refresher in Lake Louise, Alberta.
Alberta Treasury Branches
Speaking Engagements / November 25, 2014
Barbara Kimmitt presents “Estate Planning” to Alberta Treasury Branches Insurance and Estate Planning Advisors.
Society for Trust and Estate Practitioners (STEP)
Speaking Engagements / April 16, 2014
Barbara Kimmitt presents "Investing Estate and Trust Assets: What does the Prudent Investor Rule mean Practically?"
The Solicitor's Journey on the Road to Estate Litigation
Articles / February 20, 2014
Unlike other countries, such as England, in Canada there is no bright line between the types of matters which fall within the scope of practice of barristers and that of solicitors. Rather, Canadian lawyers are permitted – and often required – to handle both office and trial work. This is frequently the case for the general or sole practitioner. In the field of wills and estates, the scope of practice of litigators and solicitors contains considerable overlap and largely depends upon the scope of practice of individual counsel. The difficulty for solicitors who practice in the area of wills and estates is deciding where along the road the matter has morphed from a purely administrative matter to a litigious matter. In what circumstances should the lawyer for the personal representative remain involved? What exactly is his or her role, and more accurately, what is the role of the personal representative in moving the matter forward? At what point should the lawyer refer the matter to another lawyer better versed in litigation matters? At what point must he or she refer it out? Finally, when should the personal representative and her lawyer be involved in the litigation at all? This paper was prepared for and presented at a Legal Education Society of Alberta Seminar.
Legal Education Society of Alberta Seminar, February 2014
Speaking Engagements / February 20, 2014
Barbara Kimmitt presents "The Solicitor's Journey on the Road to Estate Litigation" at a Legal Education Society of Alberta Seminar.
Young Presidents' Organization Presentation, February 2014
Speaking Engagements / February 11, 2014
Barbara Kimmitt presents to the Young Presidents' Organization regarding succession planning for small business owners.
Canadian Bar Association Alberta South Presentation, June 2013
Speaking Engagements / June 11, 2013
Barbara Kimmitt presents "Compensation to Personal Representatives, Attorneys and Agents" to the Canadian Bar Association Alberta South Wills & Trusts Section.
Alberta Law Conference, January 2012
Speaking Engagements / January 27, 2012
Chair of the Wills panel presents at the Alberta Law Conference.
Canadian Bar Association Alberta South Presentation, December 2011
Speaking Engagements / December 20, 2011
Barbara Kimmitt presents to the Family Law Section regarding relevant provisions of the Wills & Succession Act.
Testamentary Capacity and the Taking of Instructions
Articles / May 01, 2011
This paper examines the law relating to testamentary capacity including a review of recent decisions, followed by a discussion of what the cases tell us about a lawyer's duties and obligations when taking instructions or attending to the signing of a will where testamentary capacity might be an issue. Presented to the Legal Education Society of Alberta 44th Annual Banff Refresher in Lake Louise, Alberta.
Legal Education Society of Alberta - 44th Annual Lake Louise Refresher Course
Speaking Engagements / May 01, 2011
Barbara Kimmitt presents "Testamentary Capacity and the Taking of Instructions: Damned If You Do, Damned If You Don't?" at the Legal Education Society of Alberta - 44th Annual Lake Louise Refresher Course.
Law 533 – Wills and Estates - 2011
Speaking Engagements / January 01, 2011
Barbara Kimmitt is the co-sessional instructor for Law 533: Wills, a course offered through the University of Calgary Law School.
Legal Education Society of Alberta Seminar - Calgary
Speaking Engagements / March 16, 2010
Barbara Kimmitt presents "Advanced Estate Administration" at a Legal Education Society of Alberta Seminar in Calgary.
Legal Education Society of Alberta Seminar - Edmonton
Speaking Engagements / March 09, 2010
Barbara Kimmitt presents "Advanced Estate Administration" at a Legal Education Society of Alberta Seminar in Edmonton.
Legal Education Society of Alberta Seminar
Speaking Engagements / March 01, 2010
Barbara Kimmitt chairs the Legal Education Society of Alberta seminar "Wills: A Primer".
Law 533: Wills - 2010
Speaking Engagements / January 01, 2010
Barbara Kimmitt is the co-sessional instructor for Law 533: Wills, a course offered through the University of Calgary Law School during the Winter 2010 semester.
Legal Education Society of Alberta Presentation
Speaking Engagements / March 03, 2009
Barbara Kimmitt chairs "Wills Drafting; A Primer" for the Legal Education Society of Alberta.
Law 533: Wills - 2009
Speaking Engagements / January 01, 2009
Barbara Kimmitt is the instructor for Law 533: Wills, a course offered through the University of Calgary Law School.
Standing Committee on Health Submission
Speaking Engagements / September 10, 2008
During the First Session of the 27th Legislature of the Legislative Assembly of Alberta, Barbara Kimmitt presented a submission to the Standing Committee on Health regarding proposed changes to the Dependent Adults Act.
Canadian Bar Association Alberta North Presentation
Speaking Engagements / May 13, 2008
Barbara Kimmitt presents "In Terrorem Clauses", a session for the Canadian Bar Association Alberta North – Wills and Trusts Section.
Canadian Bar Association Alberta South Presentation
Speaking Engagements / April 08, 2008
Barbara Kimmitt presents "In Terrorem Clauses", a session for the Canadian Bar Association Alberta South – Wills and Trusts Section.
University of Calgary Wills and Estates Planning Presentation
Speaking Engagements / March 28, 2008
Barbara Kimmitt is a guest lecturer at the University of Calgary Law School, presenting on wills and estates planning.
Alberta Law Conference
Speaking Engagements / March 14, 2008
Barbara Kimmitt is chair of the Alberta Law Conference (March 14-15, 2008) of the Canadian Bar Association Alberta.
Legal Education Society of Alberta – Wills and Estates Boot Camp
Speaking Engagements / January 19, 2008
Barbara Kimmitt is a presenter during the Wills and Estates Boot Camp.
Legal Education Society of Alberta – Banff Refresher Course
Speaking Engagements / May 05, 2007
For the Legal Education Society of Alberta's Banff Refresher Course, Barbara Kimmitt is a member of the Organizing Committee and is a sessional chair.
Testamentary Trusts
Articles / October 11, 2006
As we all know, if something seems too good to be true, it generally is. Not so with the testamentary trust. The testamentary trust is infinitely flexible, and operates to protect assets, split income, and preserve favourable taxation for estate assets. This paper will discuss some of the primary opportunities to make use of this flexible estate planning tool as well as some issues that should be considered in the context of testamentary trusts. This article was for a presentation to the Pacific Business and Law Institute, "Critical Issues in Estate Planning Today", at Calgary, Alberta.
Pacific Business & Law Institute Conference
Speaking Engagements / October 11, 2006
Barbara Kimmitt presents "Testamentary Trusts".
University of Calgary Trusts Presentation
Speaking Engagements / April 03, 2006
As a guest lecturer at the University of Calgary, Barbara Kimmitt presented Practical Issues relating to Trusts.
Issues Relating to RRSP Beneficiary Designations
Speaking Engagements / May 01, 2002
Barbara Kimmitt presents "Issues Relating to RRSP Beneficiary Designations" to the Wills and Trusts subsection of the Calgary Bar Association.
36th Annual Banff Refresher Course
Speaking Engagements / April 01, 2002
Barbara Kimmitt presents "Interjurisdictional Issues Affecting an Aging Population", co-authored with Roy Boettger, at the 36th Annual Banff Refresher Course.
Representing Persons with Mental Illness and Disability
Speaking Engagements / February 01, 2002
For the Health Law subsection of the Calgary Bar Association, Barbara Kimmitt and Al-Noor Nathoo of the Provincial Health Ethics Network presents Representing Persons with Mental Illness and Disability.
Three Reasons Not to Leave a Will
Articles / July 02, 2001
Written by Barbara Kimmitt and published in the July 2001 edition of the Canadian Cancer Society Newsletter.
Provincial Health Ethics Network Annual General Meeting
Speaking Engagements / May 24, 2001
Barbara Kimmitt presented Freedom of Information Relating to Health Records to the Provincial Health Ethics Network Annual General Meeting in Red Deer, Alberta.
Strathmore Hospital Presentation
Speaking Engagements / September 01, 1999
For the staff of the Strathmore Hospital, in Strathmore, Alberta, Barbara Kimmitt presents Personal Directives.
29th Annual Banff Refresher Course
Speaking Engagements / April 01, 1996
At the 29th Annual Banff Refresher Course, Barbara Kimmitt presents Fiduciaries: To Be or Not to Be, co-author with Roy Boettger and Catherine Valestuk.