Estate Litigation

Yes, a will can be challenged on several grounds, including lack of testamentary capacity, undue influence, fraud, or failure to meet formal requirements under the Wills and Succession Act. See our guide on challenging a will in Alberta for the full picture. Time limits apply, so seek advice promptly if you believe a will is invalid.

Under Alberta's Wills and Succession Act, certain family members, including spouses, adult interdependent partners, and minor children, can apply to the court for maintenance from an estate if the deceased did not make adequate provision for them. The court considers the claimant's needs, the size of the estate, and the deceased's obligations.

If an adult family member can no longer make decisions about their personal care or finances due to illness, injury, or cognitive decline, you may need to apply for a guardianship order (for personal decisions) or a trusteeship order (for financial decisions) under the Adult Guardianship and Trusteeship Act. The court must be satisfied that less restrictive alternatives are not available.

If you believe an executor is not fulfilling their duties, such as failing to distribute assets, misusing estate funds, or not providing accounting, you can apply to the court to compel an accounting, remove the executor, or seek a replacement. Acting promptly is important to protect the estate.