A Calgary area family grieving the loss of a loved one is stuck in a legal battle, trying to honour what they say was their sister’s final wishes.
Nina Caldwell suffered a brain injury at 12 years old when she was hit by a vehicle, and another accident in 2006 sent her into a nursing home. At that time, her sister, Wenda Pomper, says Caldwell was pressured into writing a will that she spent the rest of her life trying to destroy.
“Every time I went in, she’d say, ‘Did you get rid of the will?’,” said Pomper. “She never forgot that she never wanted that will.”
Pomper says that will was in the care of the trustee who helped her write it and encouraged her to name a number of charities as beneficiaries of her estate, despite Caldwell not having any connection to the organizations, according to her family.
“I never once saw one of those charities show up to visit my sister,” said Pomper. “They never came, they never offered anything to her. Even when she passed away they never asked me for a picture.”
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Caldwell went on to write new wills after the 2006 version, excluding the charities. However, following her passing in 2022, the trustee sent the original will to the Alzheimer Society of Calgary and Epilepsy Calgary, who are now trying to collect what they believe to be their share of the inheritance.
Legal teams hired by the two organizations are now contesting the will, disputing the family’s claims about how Calwell truly wanted her money divided.
Now, two and a half years after Caldwell’s death, the estate still isn’t settled, and the family has spent tens of thousands of dollars in legal fees trying fighting to have the will dismissed.
“Why would somebody write out four more will if they wanted that will in place,” said Pomper. “She spoke about it, and writing a cheque for the full value of her estate, along with the (new) will, pretty much says, ‘This is where I want it to go,’ right?”
Both the Alzheimer Society of Calgary and Epilepsy Calgary declined to comment as the matter is before the courts.
However, Global News has learned of at least four other charities and organizations hiring lawyers to dispute wills, all now held in probate. The Stollery Children’s Hospital, the Mustard Seed Edmonton, the University of Alberta and the Canadian Mental Health Association of Alberta responded with statements suggesting the pursuit of legal clarifications is rare.
A statement from the Stollery Children’s Hospital reads, in part, “legacy gifts in wills are one of the meaningful ways people support… creating a lasting impact for generations of kids. It is very rare for us to seek legal clarification on a will, and when it does occur, it is solely to ensure we are faithfully carrying out the wishes of the donor.”
But for Nina Caldwell’s family, they say the legal process is preventing them from fulfilling their sister’s final wishes. They say she wanted her money to go to her siblings, who will in turn donate some or all of their inheritance to animal rescue groups, a cause Caldwell was truly passionate about.
“She loved cats,” said Pomper. “So, it’s going there. I’m going to do what she wanted me to do.”
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