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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

Estate Litigation in Alberta

Estate disputes in Alberta may involve the Wills and Succession Act, Estate Administration Act, Surrogate Rules and Alberta Rules of Court.

Stonetree Law represents beneficiaries, executors, family members and other interested parties in estate disputes throughout Calgary and Alberta.

Contact Stonetree Law to discuss an estate litigation matter.

StoneTree Law Logo

LOCATION

#6, 400 Crowfoot Crescent NW

Calgary, Alberta  

T3G 5H6

HOURS

Monday to Thursday:

9 am to 5 pm

Friday:

9 am to 4 pm

CONTACT

Phone: 403.537.2557

Fax: 403.537.2558

reception@stonetreelaw.com

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