Estate Litigation

Estate disputes can arise when family members, beneficiaries, executors or other interested parties disagree about a Will, the administration of an estate, or ownership of estate property.

Stonetree Law represents clients in contested estate matters in Calgary and throughout Alberta.

Estate Litigation Services

We assist with:

Will challenges and defending Wills
testamentary capacity disputes
undue influence and suspicious circumstances
contested probate applications
estate caveats
executor and personal representative disputes
beneficiary disputes
estate accounting and passing of accounts
executor compensation disputes
family maintenance and support claims
disputes over jointly held or transferred property
trust and beneficial ownership claims
removal or replacement of executors
preservation of estate assets
estate settlement negotiations and litigation

Will Challenges

A Will may be challenged where there is a legal basis to question its validity.

Common issues include:

lack of testamentary capacity
undue influence
suspicious circumstances
improper execution
fraud or forgery
competing Wills

A Will cannot generally be challenged simply because a beneficiary believes the distribution is unfair.

Executor and Beneficiary Disputes

Executors and personal representatives are responsible for properly administering an estate.

Disputes may arise where there are concerns about:

delays in administering the estate
failure to provide information
estate accounting
handling of estate assets
executor compensation
conflicts of interest
improper distributions
failure to follow the Will

We act for both beneficiaries raising concerns and executors responding to allegations.

Contested Probate

Estate disputes sometimes arise before a grant of probate or administration has been issued.

Depending on the circumstances, steps may be available to prevent a grant from proceeding until the dispute is addressed.

Where a grant has already been issued, other court remedies may be available.

Family Maintenance and Support Claims

Certain qualifying family members may be entitled to seek maintenance and support from an estate under Alberta's Wills and Succession Act.

These claims are separate from challenges to the validity of a Will.

We represent both claimants and executors or beneficiaries responding to these claims.

Disputes Over Estate Property

Not every asset connected to a deceased person necessarily forms part of the estate.

Disputes may involve:

jointly owned real estate
joint bank accounts
rights of survivorship
lifetime gifts
property transferred before death
beneficial ownership
trusts
beneficiary designations

These disputes can involve estate, property and trust law.

Resolving Estate Disputes

Estate litigation does not always require a trial.

Depending on the circumstances, disputes may be resolved through:

direct negotiation
mediation
court applications
settlement agreements
trial

Our focus is on identifying the legal issue, assessing the evidence and pursuing a proportionate resolution.

Early Legal Advice

Estate disputes can involve limitation periods, statutory deadlines and risks associated with estate property being distributed or transferred.

Obtaining advice early can help determine:

whether there is a viable claim or defence
what evidence should be preserved
whether immediate court action is required
what practical resolution options are available