Estate disputes in Cochrane are brought at the Court of King’s Bench in Calgary, and many of them concern land: a ranch or acreage that one child expected to inherit, a farm that was transferred before death, or a family home held jointly with one sibling. Keystone Legal, which is based in Cochrane, brings and defends these claims, and its lawyer appears in person at the Calgary Courts Centre. Whether the firm acts for a beneficiary, a family member left out of a will or an executor facing a challenge, the first task is to establish quickly which deadlines apply, since several of them are short.
Challenging a will
A will can be challenged on the grounds that the person lacked testamentary capacity, was subjected to undue influence, did not know and approve of its contents, or did not sign it with the formalities the Wills and Succession Act requires. Where a will is being propounded for probate and its validity is in doubt, the challenge is usually raised by filing a caveat against the grant and applying for formal proof of the will, and a family member who learns that a grant is being sought should take advice before it issues.
Promises about the family land
Rural estates frequently give rise to claims that a parent promised land to a child who worked it for years in reliance on that promise. The Supreme Court of Canada confirmed in Cowper-Smith v Morgan that a promise of this kind can ground a claim in proprietary estoppel where the child relied on it to their detriment, even if the will says otherwise. These claims depend heavily on evidence of what was said, by whom and when, and of the work and sacrifices made in reliance, and that evidence should be gathered while memories are fresh.
Executors, accounts and transfers before death
Beneficiaries are entitled to information and to an accounting, and the Court can order an executor to account, and can remove one whose conduct puts the estate at risk. Where land or money was transferred to one child before death, whether by adding them to title or to a bank account, the transfer may be presumed to be held in trust for the estate unless the child proves that a gift was intended, which can bring the asset back into the estate for everyone.
Support claims and deadlines
A spouse, adult interdependent partner, minor child or dependent adult child who is not adequately provided for can claim maintenance and support from the estate under Part 5 of the Wills and Succession Act, but the claim must generally be brought within six months of the grant of probate or administration. Other estate claims are subject to the Limitations Act, generally two years from discovery, and a claim to land can often be protected at Alberta Land Titles while the dispute is resolved.
Where the firm acts
Contested matters proceed at the Calgary Courts Centre, where the lawyer appears in person, and in Edmonton through agent counsel appearing on the firm’s instructions, while advisory and uncontested work is available anywhere in Alberta. The practice is virtual, so meetings happen by video, telephone and email, with in-person meetings available on request in Cochrane or in Calgary.
If you are involved in a dispute over a Cochrane estate, or were promised land that the will does not give you, call (587) 328-3328 without delay.
Frequently asked questions
Possibly, since a promise relied on to your detriment can ground a claim in proprietary estoppel, depending on the evidence of the promise and of what you gave up in reliance on it.
A support claim must generally be brought within six months of the grant, and other claims are subject to the Limitations Act, so advice should be taken as soon as a concern arises.
At the Court of King’s Bench in Calgary, at the Calgary Courts Centre.
