Estate Litigation - Edmonton, Alberta
Facing a dispute over a Will or an estate in Alberta? Bosecke LLP’s estate litigation lawyers in Edmonton provide experienced, compassionate legal representation.
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Losing a loved one is one of life’s most difficult experiences. When that loss is compounded by a legal dispute over their will or the administration of their estate, the emotional and financial toll can be overwhelming. At Bosecke Law, we understand that estate litigation often involves deep-rooted family dynamics.
Our Edmonton estate litigation lawyers are dedicated to guiding clients through these emotionally charged disputes with practical, strategic, and vigorous legal representation. Whether we are negotiating a fair settlement through mediation or fighting for your rights in the courtroom, we are committed to protecting your interests.
Estate disputes can arise for a variety of reasons. Our firm has extensive experience handling all facets of estate and trust litigation, including:
Not all Wills hold up in court. A Will can be challenged and potentially overturned on several grounds:
Under Alberta’s Wills and Succession Act, a person has a legal obligation to provide adequate maintenance and support for their dependents (such as a spouse, adult interdependent partner, minor children, or disabled adult children). If you have been left out of a Will or inadequately provided for by a deceased spouse or parent, our lawyers can help you file an FMS claim to seek a fair share of the estate.
Executors have a strict legal duty to act in the best interests of the estate and its beneficiaries. If an executor is unreasonably delaying the distribution of assets, mismanaging funds, failing to communicate, or acting in a conflict of interest, beneficiaries have the right to intervene. We can assist in demanding a formal passing of accounts or applying to the court to have a negligent executor removed.
Litigation can be costly and drain estate resources. At Bosecke LLP, our first approach is often to seek a resolution through alternative dispute resolution, such as mediation. This allows families to settle matters privately and cost-effectively. However, if a fair settlement cannot be reached, our experienced litigators are fully prepared to advocate aggressively in the Alberta Court of King’s Bench.
Backed by decades of experience representing clients throughout Edmonton in complex estate litigation matters, Bosecke LLP can help guide you through the legal process. Our team is available now to respond to your questions. Contact our team for a free estate litigation consultation.
FAQ
Time limits depend on the type of claim. For Family Maintenance and Support claims, you have exactly six (6) months from the date the Grant of Probate is issued.
However, if you are challenging the validity of the Will itself (such as for undue influence or lack of capacity), standard limitation periods generally give you two years from when you discovered the issue. However, you should act immediately to file a caveat before probate is granted. If you suspect an issue, seek legal counsel immediately.
It depends on the nature of the dispute and the outcome. Historically, courts often ordered that legal costs be paid out of the estate. However, modern courts are increasingly ordering unsuccessful parties to pay their own legal fees, and sometimes a portion of the other side’s fees, especially if the litigation is deemed frivolous.
No. A general sense of unfairness is not a legal ground to challenge a Will. Albertans have “testamentary freedom,” meaning they can distribute their property however they wish, provided they meet their legal obligations to dependents and were of sound mind and acting freely when the Will was drafted.
Yes, but the court does not remove an Executor lightly. You must provide clear evidence that the Executor has engaged in serious misconduct, endangered estate assets, or is entirely incapable of performing their duties. Simple friction between beneficiaries and the Executor is usually not enough.