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Guide

What is Estate Litigation?

An overview of estate litigation in Alberta: will challenges, dependants' relief, executor disputes, and accounting matters before the Surrogate Court.

Estate litigation covers disputes that arise after someone dies — and sometimes before, where capacity or undue influence is in question. In Alberta, most estate disputes are heard in the Surrogate Court.

Common claims include will challenges (capacity, undue influence, formal validity), dependants' relief applications under the Wills and Succession Act, executor removal or compulsion to account, and disputes over estate distributions.

Strict limitation periods apply, and many disputes can be resolved through mediation rather than trial. Early advice often preserves both relationships and value in the estate.

Our estate litigation team represents executors, beneficiaries, and dependants in all stages of Surrogate Court proceedings.

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If this issue affects you or your business, our Calgary civil litigation lawyers can help.

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