Do you think a will is unfair, or that an executor is not doing the job? Can an adult in your family no longer manage their own affairs? We can explain your options.
First we read the will and the money records, along with any trusts, letters, or emails. They show us the facts and the legal issues.
Most of these claims fall under Alberta's Wills and Succession Act or the Adult Guardianship and Trusteeship Act. We explain your rights and the likely outcome before you decide on any step.
Time limits apply, so do not wait.
Sometimes. A will is not invalid just because it seems unfair. Common grounds are lack of mental capacity, undue influence (pressure so strong that the will is not really the person's own choice), fraud, or failure to follow the formal rules in the Wills and Succession Act. If you were the spouse, partner, or child of the person who died and depended on them, you may also have a dependants' relief claim. Our guide on challenging a will in Alberta explains more. Time limits apply, so get advice early.
Under the Wills and Succession Act, certain family members, including spouses, adult interdependent partners, and minor children, can ask the court for support from an estate if the deceased did not provide enough for them. The court looks at the person's needs, the size of the estate, and the deceased's obligations.
If an adult family member can no longer make personal or financial decisions because of illness, injury, or memory loss, you may need a court order under the Adult Guardianship and Trusteeship Act. A guardian makes personal decisions. A trustee manages money and property. The court must be satisfied that less restrictive options will not work.
If an executor is not distributing the estate, is misusing estate money, or will not account for it, you can apply to the court. The court can order an accounting (make the executor show where the money went), or remove and replace the executor. Act promptly to protect the estate.
These answers are general information about the law, not legal advice. Reading this page or contacting us does not make you our client.
