160 Quarry Park Blvd SE, Suite 300 · Calgary, Alberta
160 Quarry Park Blvd SE, Suite 300 · Calgary, Alberta
Home / Wills & Estate Planning / Estate Litigation
When a will or estate is disputed, early advice protects your rights and relationships. We act for executors, beneficiaries and family members.
Quick answers
We act for executors, beneficiaries, family members and others with a claim involving an Alberta estate.
Estate disputes often follow a death in the family, when emotions are high and old conflicts resurface. Our Calgary estate litigation lawyers represent:
We start by listening, reviewing the will and documents, and explaining your options under the Wills and Succession Act, the Estate Administration Act and the Surrogate Rules. Many disputes settle, and we look for sensible resolutions while preparing properly for court.
Yes, if there are grounds such as lack of capacity, undue influence, suspicious circumstances or failure to meet the legal formalities.
A will cannot be set aside simply because it seems unfair. The court needs a legal reason. The most common grounds are:
Medical records, the drafting lawyer’s notes and witness evidence are often central. Acting before the estate is distributed matters, since it is much harder to recover property once it is gone.
Certain family members can apply for maintenance and support under Part 5 of the Wills and Succession Act, generally within 6 months of the grant.
Alberta does not let a person completely ignore dependants in their will. Under Part 5 of the Wills and Succession Act, a family member who was not adequately provided for can ask the court to order support from the estate. Family members include:
The court considers the claimant’s needs and circumstances, the size of the estate, the deceased’s reasons and the claims of others. Independent adult children generally have no claim under Part 5, though they may have other remedies.
A family maintenance and support application generally must be started within 6 months after the grant of probate or administration is issued. Do not wait to get advice.
Yes, the court can rectify a will that does not reflect the testator’s intentions because of a drafting error, on clear and convincing evidence.
Mistakes happen. A clause may be left out, a property described incorrectly or instructions misunderstood by the person drafting the will. The Wills and Succession Act allows the Court of King’s Bench to rectify a will where there is clear and convincing evidence that it does not carry out the testator’s intentions because of:
Separately, the court can sometimes validate a document that does not meet the formal signing requirements if there is clear and convincing evidence the person intended it to be their will. Both remedies depend heavily on evidence, such as drafting notes, instructions and earlier wills. We act for executors seeking rectification and for beneficiaries who support or oppose it.
Yes, the court can remove a personal representative who is not properly administering the estate, and can review accounts and compensation.
Executors must act in good faith, impartially and without unreasonable delay. When they do not, beneficiaries can ask the Court of King’s Bench to step in. Grounds for removing or replacing a personal representative can include:
Beneficiaries can also require an executor to account. If accounts or proposed compensation are disputed, the court can hold a passing of accounts, reviewing the transactions and fixing fair compensation using the Surrogate Rules guidelines. We also defend executors accused of mismanagement. For the executor’s side, see probate and estate administration.
In focus
Lawyers exchange information and proposals. Many disputes over accounts, fees or timing settle here.
A neutral mediator helps the family reach a private, flexible agreement, often at lower cost.
An executor or beneficiary asks the Court of King’s Bench to decide a specific issue.
A full court process with evidence and questioning, used when settlement is not possible.
Beneficiaries are generally entitled to notice, a copy of the relevant will provisions, and reasonable information about the estate’s assets, debts and progress.
Being a beneficiary gives you rights, even if you are not the executor. In general, you are entitled to:
If an executor stops responding or refuses to share information, a letter from a lawyer often restarts communication. If not, the court can order the executor to provide information, file accounts or take steps. For tips on avoiding disputes before they begin, read our guide to preventing family fights over your inheritance.
Not always; where a parent added an adult child for convenience, the account may belong to the estate under the presumption of resulting trust.
Joint accounts with a right of survivorship normally pass directly to the surviving owner. But when a parent gratuitously adds an adult child to an account or a property title, the law may presume the child holds their share in trust for the parent’s estate. This is the presumption of resulting trust confirmed by the Supreme Court of Canada in Pecore v. Pecore.
The surviving joint owner can rebut the presumption with evidence that the parent intended a gift of the survivorship interest. Relevant evidence can include:
These disputes are common between siblings and can significantly change who receives what. We act for estates seeking to recover these assets and for joint owners defending their right to them.
Possibly; unjust enrichment and related claims can compensate someone whose contributions benefited the deceased without fair payment.
Some people give years of unpaid care, work in a family business or contribute to a home they do not own, expecting to be looked after in the will. If the will does not reflect that, a claim for unjust enrichment may be available. Generally, you must show that:
Remedies can include a money award or, in some cases, a share of specific property. Related claims can arise from promises the deceased made that you relied on. A surviving spouse or partner may also have property rights under the Family Property Act. Evidence of your contributions, such as records, messages and witnesses, is essential.
It depends on the claim; family maintenance claims are generally 6 months from the grant, and many others fall under the Limitations Act.
Missing a deadline can end even a strong claim. Common time limits include:
When a limitation period starts depends on the facts and the claim. Some rights, such as objecting to a grant of probate, are best exercised before the grant issues. Our civil litigation team works alongside our estates lawyers on contested matters.
Do not assume you can wait until the estate is wound up. Get advice on your deadline as soon as a dispute appears.
FAQs
Can I contest a will just because it is unfair?
Generally no. Unfairness alone is not enough to set aside a will in Alberta. You need a legal ground such as lack of capacity, undue influence, suspicious circumstances or improper signing. However, if you are a family member who was not adequately provided for, you may have a separate maintenance and support claim.
Can adult children challenge their parent's will in Alberta?
Independent adult children generally cannot claim maintenance and support under the Wills and Succession Act. Adult children who cannot support themselves because of a disability, or in some cases who are in full-time studies, may qualify. Any adult child can still challenge a will on grounds such as capacity or undue influence.
What does it cost to contest a will?
Costs depend on the complexity of the dispute and how far it goes. In some estate cases, the court may order that some legal costs be paid from the estate, but that is not guaranteed and unsuccessful parties can be ordered to pay costs personally. We discuss likely steps and cost risks at the start.
Can the executor also be a beneficiary?
Yes. It is common and allowed for an executor to be a beneficiary, such as a child who is both executor and heir. However, the executor must still act impartially toward all beneficiaries, keep proper records and avoid using the role for personal advantage. Conflicts can lead to removal.
How long does estate litigation take?
It varies widely. A dispute that settles through negotiation or mediation may resolve in months. A contested will challenge that proceeds through questioning and a trial in the Court of King's Bench can take considerably longer. Early advice and good evidence often shorten the process.
Should I sign a release from the executor?
Only after you understand what you are releasing. A release usually confirms you accept the accounts and waive further claims against the executor. Review the estate accounts carefully, ask questions and get legal advice if anything is unclear, especially about compensation, expenses or asset values.
This information is general and is not legal advice. For advice on your situation, book a consultation.
Book a confidential consultation with our Calgary estate litigation team.
or call 587-333-4358
