Introduction
Estate disputes are among the most emotionally charged and financially significant legal matters a family can face. The death of a loved one is already a difficult experience, and when questions arise about the validity of a will, the conduct of an executor, or the rights of beneficiaries, the legal and personal stakes become considerably higher.
In Calgary, estate litigation involves contested proceedings before the Court of King’s Bench. These matters can include challenges to the validity of a will, applications to remove or replace an executor, disputes between beneficiaries, claims involving undue influence or lack of testamentary capacity, and contested passing of accounts proceedings.
Understanding the legal grounds for challenging an estate matter, and the process for pursuing those claims, is essential for individuals who believe their rights have been compromised.
When Estate Disputes Arise
Estate disputes can arise for a variety of reasons. In some cases, family members are surprised by the contents of a will that does not reflect what they understood to be the deceased’s wishes. In other cases, an executor’s conduct raises concerns about mismanagement, delays, or conflicts of interest.
Several factors tend to increase the likelihood of estate disputes. Large and complex estates with multiple asset classes are more prone to conflict, particularly when the estate includes a privately held business, significant real estate, or substantial investment holdings. Family blended situations, second marriages, and estranged relationships also frequently give rise to contested estate matters.
The timing of legal advice is important. Many estate disputes become significantly more complex and costly when legal intervention is delayed. Early advice from a lawyer experienced in estate litigation can help assess the strength of a claim, identify the available options, and develop a strategy that protects the client’s position from the outset.
Challenging the Validity of a Will
The most fundamental type of estate litigation involves a challenge to the validity of the will itself. A successful will challenge results in the will being set aside, in whole or in part, which can dramatically affect how the estate is distributed.
In Alberta, there are several recognized legal grounds for challenging a will.
The first and most common ground is lack of testamentary capacity. To make a valid will in Alberta, the testator must have had the mental capacity to understand the nature of the act of making a will, the extent of their property, the natural objects of their bounty, and the effect of the will.
The second ground is undue influence. A will can be challenged if it was made as a result of pressure, coercion, or manipulation that overcame the free will of the testator. Undue influence is distinct from ordinary persuasion.
The third ground is lack of proper execution. A will must be executed in accordance with the formal requirements set out in Alberta’s Wills and Succession Act.
A fourth ground arises when there is evidence of fraud or forgery. Although less common, these cases do arise and can involve fabricated documents or alterations to existing wills.
Executor Removal and Replacement
Even when the validity of the will is not in dispute, serious problems can arise from the conduct of the executor. Executors have significant legal responsibilities and occupy a fiduciary position. When an executor fails to fulfill those responsibilities, beneficiaries have legal recourse.
In Alberta, beneficiaries can apply to the court for the removal and replacement of an executor. Courts take the removal of an executor seriously and will not grant such applications lightly.
Common grounds for executor removal include misappropriation of estate assets, conflicts of interest that compromise the executor’s ability to act impartially, ongoing failure to administer the estate in a timely manner, persistent failure to communicate with beneficiaries, and conduct that demonstrates hostility toward beneficiaries.
When an executor is removed, the court will appoint a replacement.
Beneficiary Claim Disputes
Disputes between beneficiaries about the interpretation or distribution of an estate are also a common form of estate litigation. These disputes can arise when the language of the will is ambiguous, when beneficiaries disagree about the value of specific assets, or when one beneficiary believes they have been treated unfairly.
In some cases, beneficiary disputes involve claims outside the will entirely. A family member who provided care to the deceased or contributed financially to their estate may have a claim for unjust enrichment or quantum meruit even if they were not named as a beneficiary.
Adult interdependent partners and spouses may also have claims under Alberta’s Wills and Succession Act if the will does not adequately provide for them.
Contested Passing of Accounts
Passing of accounts is the process by which an executor formally accounts to the beneficiaries and, if necessary, to the court for their administration of the estate. In Alberta, beneficiaries can require an executor to pass their accounts before the Surrogate Court.
A contested passing of accounts arises when one or more beneficiaries object to the executor’s accounts and seek judicial review of specific items. Objections may relate to executor compensation that is alleged to be excessive, expenses that are claimed to be improper, investment decisions that are alleged to be imprudent, or delays in administration that have caused financial harm.
What to Expect from Estate Litigation in Calgary
Estate litigation in Calgary is heard before the Court of King’s Bench, Surrogate Division. The process can be lengthy and requires careful preparation of legal materials and evidence.
Parties in estate litigation should expect the process to involve document production, potential questioning of witnesses, expert evidence in matters involving valuation or medical capacity opinions, and ultimately a hearing or trial at which the judge determines the outstanding issues.
Keystone Legal provides estate litigation representation in Calgary courts. The firm acts for beneficiaries, executors, trustees, and other interested parties in contested estate proceedings, providing strategic guidance and experienced advocacy throughout the process.
Conclusion
Estate litigation in Calgary covers a broad range of contested matters, from will challenges to executor removal and disputed distributions. Each type of claim involves distinct legal tests, procedural requirements, and evidentiary considerations.
Individuals who believe their rights in an estate have been compromised should seek legal advice as early as possible. The strength of an estate litigation claim often depends on the evidence available and the speed with which it is secured and organized.
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