What is Estate Litigation?

Estate litigation in Alberta refers to legal disputes that arise after someone passes away, involving the administration, distribution, or validity of their estate. These cases are typically heard in the Surrogate Court (a division of the Alberta Court of King’s Bench), which handles matters related to wills, probate, and estates.

Here’s a breakdown of what estate litigation can involve in Alberta:

Common Types of Estate Litigation

1. Will Challenges

   
   

   • Disputes over whether a Will is valid.

     • Was the Will properly signed by the testator (person who made the will)

     • Was the Will properly signed by the witnesses?

     • Is one of the witnesses also a beneficiary named in the Will?

   • Grounds for challenging a Will include:

     • Lack of mental capacity of the testator

     • Undue influence or coercion

     • Improper execution (not meeting legal formalities)

     • Fraud or forgery
       

2. Dependent Support or Family Maintenance Claims
   

   • Brought under Alberta’s Wills and Succession Act, SA 2010, c W-12.2.

   • Occurs when a spouse, adult interdependent partner, child, or other dependent believes they weren’t adequately provided for in the will.

   • The Court may set aside the Will or the provisions of the Estate Administration Act, SA 2014, c E-12.5 to provide an applicant with maintenance and support.
     

3. Executor or Trustee Disputes
   

   • Allegations of mismanagement or misconduct by the executor or trustee.

   • Requests for removal or replacement of an executor.
     

4. Estate Accounting Disputes
   

   • Beneficiaries may demand a formal accounting of the estate’s assets, debts, and distributions.

   • Disagreements about the inventory or value of an estate.

   • Disagreements can arise over how the estate is being administered.
     

5. Intestacy Disputes
   

   • When someone dies without a will, disputes may arise over who should administer the estate and how assets should be divided under Alberta’s intestacy laws.
     

6. Joint Ownership and Beneficiary Designations
   

   • Challenges related to joint bank accounts, life insurance policies, RRSPs, or property ownership—especially where intent or fairness is in question.
     

7. Gifts given before someone dies (Inter Vivos Gifts)
   

   •  If a family member or a beneficiary in someone’s Will receives a substantial sum of money before the testator dies, depending on the circumstances, it may or may not be considered an advance of a beneficiary’s share of the estate.
     

Time Limits

You should be aware that there are different time frames to bring certain claims against an Estate. If you bring a maintenance and support claim, you will have six (6) months from the date that the Grant of Probate or Grant of Administration has been issued by the Court.

However, other civil issues such as suspected fraud or breach of fiduciary duty of the executor of the estate will generally fall under the two (2) year limitation period under the Limitations Act, RSA 2000, c L-12.

Process

Generally, most disputes begin with a demand letter prepared by your counsel outlining your concerns. From here, you may enter negotiations or an alternative dispute resolution process to help resolve your concerns. However, you may be required to bring a claim to the courts by filing an Originating Application or a Statement of Claim.

If you or a loved one is dealing with an Estate issue mentioned above and you would like to speak to a lawyer about your concerns, please reach out to info@stokeslaw.ca  

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