Estate Litigation

Has a loved one passed and you want to contest the Will? Or are you the executor of an Estate that is being contested? We have all the information you need about:

  • registering caveats on probate applications; 

  • contesting wills based on incapacity, undue influence, contrary intention and mistake;

  • dependents relief applications; 

  • applications under the Matrimonial Property Act;

  • defending contested estates; and

  • settlement negotiations

Here are answers to some of our most frequently asked questions about Estate Litigation:

QUESTION: HOW EASY IS IT TO CHALLENGE A WILL? 

ANSWER: 

It depends. Courts generally uphold the writer's wishes, but wills can be challenged for lack of capacity, undue influence, spousal or child support, mistake and contrary intention. 

QUESTION: HOW DO I CHALLENGE A WILL BASED ON LACK OF CAPACITY? 

ANSWER: 

In order to challenge capacity of the will maker, one must prove that the testator did not understand

1. the nature and extent of their property or net worth; 2. the members of their family; 3 that they were making a will; and 4. the nature of the disposition of assets.  

QUESTION: CAN I MAKE A CLAIM AGAINST MY DECEASED SPOUSE'S ESTATE EVEN IF WE HAVE A PRENUPTIAL AGREEMENT THAT STATES WE CAN'T? 

ANSWER: 

Yes. Parties can't contract out of the Wills and Succession Act. Everyone has a duty to provide for their dependants. 

QUESTION: HOW DO I CHALLENGE A WILL BASED ON UNDUE INFLUENCE? 

ANSWER: 

In order to be successful, you need to prove 1. Motive of undue influence; 2. Opportunity; 3. Resulting benefit under the will; and 4. Positive proof of coercion. 

102-10820 24 St. SE

Calgary, Alberta 

T2Z 4C9

Hours of Operation:

Monday to Friday

9 am to 5 pm

Phone: 403.537.2557

Fax: 403.537.2558

admin@stonetreelaw.com

  • Facebook - Black Circle
  • Google+ - Black Circle