Few legal disputes are as emotionally charged as estate litigation. When a loved one passes away, families expect clarity and closure. Instead, they sometimes discover surprises: a will that excludes a child, a sudden change in beneficiaries late in life, a second marriage that reshapes inheritance plans, or an executor who refuses to provide information.

Estate litigation in Alberta arises when disputes occur over a will, an estate, or the conduct of a personal representative (executor). These cases are complex. They involve not only legal rules under Alberta’s Wills and Succession Act, but also deep family history, financial nuance, and often allegations of undue influence or unfairness.

At Morrison LLP, we represent both beneficiaries and executors in estate disputes throughout Edmonton and Northern Alberta. Whether you are seeking to challenge a will—or defend one—we provide clear, strategic advice grounded in Alberta law.

What Is Estate Litigation?

Estate litigation refers to court proceedings that arise out of disputes concerning:

  • The validity of a will
  • The interpretation of a will
  • Claims for support against an estate
  • Allegations of undue influence or lack of capacity
  • Executor misconduct or removal
  • Disputes over estate administration
  • Claims involving joint accounts or beneficiary designations

In many cases, litigation begins after probate is filed. In others, a dispute arises before probate is granted and delays the entire administration process.

Estate litigation is governed primarily by Alberta’s Wills and Succession Act, the Surrogate Rules, and the common law. Each case turns heavily on its facts.

Challenging a Will in Alberta

One of the most common questions we receive is:
“Can I contest a will?”

The answer depends on your legal standing and the grounds for challenge.

1. Lack of Testamentary Capacity

For a will to be valid, the person making it (the “testator”) must have had the mental capacity to understand:

  • The nature and effect of making a will
  • The extent of their property
  • Who might reasonably expect to benefit
  • The consequences of excluding someone

If the testator suffered from dementia, cognitive impairment, or severe illness at the time the will was signed, the will may be vulnerable to challenge.

Capacity disputes typically require medical records, lawyer file reviews, and often expert evidence from physicians or geriatric specialists.

2. Undue Influence

Undue influence occurs when someone exerts pressure on a vulnerable individual to change their will in a way that does not reflect their true wishes.

This commonly arises in situations involving:

  • Late-in-life relationships
  • Caregivers
  • Isolation from family members
  • Significant changes shortly before death

Alberta law now recognizes a statutory presumption of undue influence in certain circumstances under the Wills and Succession Act, shifting the burden of proof in some cases.

These are highly fact-driven disputes and require careful strategic planning.

3. Improper Execution

A will must meet formal requirements. If it was not properly signed or witnessed in accordance with Alberta law, it may be invalid.

While courts have some authority to validate non-compliant wills, defects in execution can still lead to successful challenges.

Family Maintenance and Support Claims

Even if a will is technically valid, it may still be challenged under Alberta’s family maintenance provisions.

Under Part 5 of the Wills and Succession Act, certain family members may apply to the court if they believe the deceased failed to provide adequate support.

Eligible claimants may include:

  • Spouses or adult interdependent partners
  • Minor children
  • Adult children who are dependent due to disability
  • In some cases, adult children with strong moral claims

These claims are not about rewriting the will simply because it feels “unfair.” Instead, the court examines whether the deceased met their legal and moral obligations.

The court considers:

  • The size of the estate
  • The claimant’s financial need
  • The relationship history
  • The deceased’s reasons (if documented)
  • Competing claims from other beneficiaries

Family maintenance claims must be brought within strict limitation periods. Delay can be fatal to a claim.

Executor Disputes and Misconduct

Personal representatives (executors) have significant legal duties. They must:

  • Act honestly and in good faith
  • Avoid conflicts of interest
  • Keep proper accounts
  • Distribute the estate in accordance with the will

Disputes frequently arise where an executor:

  • Fails to communicate
  • Refuses to provide financial disclosure
  • Delays administration
  • Pays themselves improperly
  • Favors certain beneficiaries
  • Uses estate assets for personal purposes

In serious cases, beneficiaries may apply to court to:

  • Compel accounting
  • Freeze estate assets
  • Remove and replace the executor
  • Recover misappropriated funds

Executor litigation can be complex and financially significant. Early intervention often prevents escalation.

Joint Accounts & Beneficiary Designations

Many modern estates involve assets that pass outside the will, such as:

  • Joint bank accounts
  • RRSPs and TFSAs
  • Life insurance policies

Disputes frequently arise over whether a joint account was intended as a true gift—or merely for convenience.

Alberta courts apply nuanced legal presumptions in these cases. Evidence of intention is critical.

Defending a Will

Not all estate litigation involves attacking a will. Many cases involve defending a valid will against challenge.

If you are:

  • An executor defending the estate
  • A beneficiary named in a will
  • A surviving spouse relying on testamentary gifts

You may need legal representation to preserve the integrity of the estate plan.

Early legal strategy can significantly reduce the risk of prolonged litigation.

Time Limits for Estate Litigation

Estate litigation is governed by strict limitation periods.

For example:

  • Family maintenance claims generally must be brought within 6 months of probate being granted.
  • Other claims may be governed by Alberta’s Limitations Act.

If you suspect an issue, you should seek legal advice immediately. Waiting too long can permanently bar your claim.

The Estate Litigation Process in Alberta

Estate litigation often begins with:

  1. Reviewing the will and probate materials
  2. Requesting disclosure from the executor
  3. Filing a Notice of Objection (if probate is pending)
  4. Commencing a court application

Many estate disputes settle through negotiation or mediation. However, where necessary, the Court of King’s Bench of Alberta will determine:

  • Whether the will is valid
  • Whether support should be ordered
  • Whether an executor should be removed
  • How assets should be distributed

Estate trials can be document-heavy and require expert evidence. Strategic preparation is essential.

Emotional and Financial Considerations

Estate disputes are rarely just about money. They often involve:

  • Long-standing family grievances
  • Second marriages and blended families
  • Allegations of manipulation
  • Estranged relationships

These cases require not only legal precision but emotional discipline. A measured approach can protect both your rights and your long-term interests.

When Should You Contact an Estate Litigation Lawyer?

You should seek legal advice immediately if:

  • You were unexpectedly excluded from a will
  • A will was changed shortly before death
  • An executor refuses to provide information
  • Estate assets are disappearing
  • You believe a vulnerable person was pressured

Early advice often prevents costly mistakes.

Estate Litigation in Edmonton and Northern Alberta

Estate disputes are increasing in Alberta, particularly as wealth accumulates in:

  • Real estate
  • Businesses
  • Farms and rural property
  • Investment portfolios

Blended families and second marriages further complicate inheritance expectations.

At Morrison LLP, we represent clients throughout Edmonton, Sherwood Park, St. Albert, Leduc, Spruce Grove, Fort Saskatchewan, and surrounding communities.

Speak with an Edmonton Estate Litigation Lawyer

If you are involved in a will dispute, executor conflict, or family maintenance claim, you should understand your legal position before taking action.

Estate litigation can significantly impact your financial future. Whether you are asserting your rights or defending a will, we provide strategic, practical advice grounded in Alberta law.

Call Morrison LLP at 587-758-1099 to schedule a consultation and discuss your estate litigation matter with an experienced lawyer.

Contact Morrison LLP Today