Disputes
Estate Litigation
Contested wills, dependant relief, executor disputes and challenges to capacity or undue influence.
Estate disputes are litigation with family in the room. They are handled differently because of that: firmly on the legal issues, carefully on the relationships, and always with an eye on what the estate can afford to spend.
We act for beneficiaries, executors and dependants in Alberta and Saskatchewan.
When clients call us
- A will appears to have been changed under pressure or without capacity
- An executor is not accounting, not distributing, or is in a conflict of interest
- A spouse or dependant child has been left without adequate provision
- Estate assets have gone missing or were transferred before death
- A beneficiary has been excluded and the reason does not add up
If your situation is not on this list, call anyway. We will tell you whether this is the right area, or point you to the one that is.
How it works
What happens after you call
- 01
Standing and merits
Who can bring the claim, on what ground, and within what deadline.
- 02
Evidence
Medical records, drafting solicitor's notes, financial records and witness evidence.
- 03
Mediation first where possible
Estate disputes settle better in mediation than at trial, and cost the estate far less.
- 04
Application or trial
Court applications for removal, passing of accounts, or a full challenge to the will.
Common questions
Estate Litigation: what people ask first
- On what grounds can a will be challenged?
- Commonly lack of testamentary capacity, undue influence, improper execution, or inadequate provision for a dependant.
- Who pays for an estate dispute?
- Sometimes the estate, sometimes the losing party, sometimes each side bears its own. We give you the realistic exposure before you commit.
- Is there a time limit?
- Yes, and dependant relief claims in particular have strict deadlines after the grant of probate.
No obligation
Speak to a estate litigation lawyer
At the first meeting we explain the whole process, and from there you are kept up to date on what is happening. There is no cost to find out where you stand.