Estate Litigation

BD&P's estate litigation team focuses on the resolution of contentious matters relating to wills, trusts and the administration of estates. Our skilled and experienced team is adept at handling estate matters in a way that is not only results-oriented but also mindful of the impact that litigation can have on familial relationships. We understand the challenges unique to estate litigation, and strive to assist beneficiaries and personal representatives in avoiding and resolving claims through effective guidance and advice and, where appropriate, through alternative dispute resolution procedures such as mediation. Where formal litigation is the only alternative, our team is seasoned in seeing matters though the trial and appeal processes, appearing regularly in all levels of courts in Alberta.

BD&P's clients benefit from the experience and focus of lawyers in other firm practice areas such as commercial litigation, real estate and tax. This additional support enables our team to use a multi-disciplinary approach where appropriate; drawing upon the skills of the firm's other practitioners to ensure the optimal result for our clients.

Significant Areas of Service

  • Claims by family members, dependents and adult interdependent partners regarding the variance of a will
  • Claims regarding the validity of a will based on concerns of testamentary capacity, undue influence or suspicious circumstances
  • Disputes arising from the interpretation of a will
  • Advising personal representatives and beneficiaries in settling estate litigation in a tax effective manner
  • Claims against and/or for removal of personal representatives who cannot fulfill their obligations
  • Disputes regarding compensation of trustees, personal representatives and administrators
  • Claims regarding the transfer of assets during a person's lifetime
  • Advising on matters of unjust enrichment
  • Proceedings to recover losses resulting from a breach of trust or breach of fiduciary duty
  • Advising third parties in challenges regarding assets improperly included in the estate
  • Advising parties on concerns regarding potential dissipation of estate assets
  • Advising on applications to pass accounts