Prefer to speak by phone? Call us at 778-594-8201
ESTATE LITIGATION
Estate litigation in Alberta encompasses a range of legal issues, often arising from disputes surrounding the distribution and management of a deceased person's assets. Losing a loved one is challenging enough at the best of times, but becoming embroiled in a protracted legal dispute over the estate can take an immense toll on your well-being. We can advise you on the most efficient way to reach a fair and just resolution in accordance with the law. Book a free consultation with Wiebe Law to discuss how we can assist you.
Will Challenges
Will challenges are a significant source of estate litigation in Alberta. Individuals may contest the validity of a Will based on allegations of undue influence, fraud, lack of testamentary capacity, or improper execution. Disputes often arise when beneficiaries or potential heirs believe the Will does not accurately represent the deceased person's intentions.
Capacity
Capacity issues arise when persons interested in the estate have concerns about the mental capacity of the deceased at the time the testator made or altered the Will. A testator must have the mental capacity to understand the nature and extent of their estate and the consequences of including or excluding particular individuals from their Will.
Maintenance and Support
Alberta's laws provide for the maintenance and support of surviving spouses, minor children or incapacitated adult children from a deceased person's estate. Disputes may arise regarding the adequacy of the support provided or if the surviving individuals were unjustly excluded or inadequately provided for in the Will.
Accounting
Accounting applications involve seeking an accurate and complete accounting of the estate's assets, liabilities, and transactions. Beneficiaries may request that estate trustees apply to formally pass their accounts before the court. This procedure provides a remedy to beneficiaries where they have concerns that the trustee has not properly managed, distributed or adequately accounted for the assets of the estate.
Joint Assets
Disputes may arise when beneficiaries disagree about the ownership and distribution of assets that were held jointly by the deceased person and another individual, especially if there are competing claims or allegations of undue influence.
In resolving these estate litigation issues, Alberta's legal system provides remedies to uphold the deceased testator’s intentions and protect the rights of all involved parties. Individuals involved in estate litigation are encouraged to seek legal counsel to navigate the complexities and intricacies of the law in this regard. Book a consultation so we can assist you with your claim.