Estate Litigation

The passing of a loved one can often be a challenging and emotional time for families, especially if relationships breakdown and disputes arise over inheritance, the interpretation or validity of a will or the administration of an estate.

Our estate litigation team provides straight-forward guidance to individuals and families, including estates, executors, beneficiaries, guardians and trustees, on the resolution of disputes relating to wills, trusts, Powers of Attorney and estate administration.

We are results-orientated and mindful of the impact litigation can have on family relationships and aim to resolve disputes by providing clear guidance and efficient resolutions by using alternative dispute resolution methods such as arbitration and mediation. Where formal litigation is the only alternative, we see matters though the trial and, if necessary appeal, and have represented clients in all levels of courts in Alberta.

We help clients with:

  • Claims regarding the interpretation of wills and trusts
  • Disputes regarding the validity of wills, trusts or powers of attorney based on capacity concerns, undue influence or suspicious circumstances
  • Appointing guardians, trustees and attorneys of an incapacitated person
  • Claims against and/or for removal of executors or personal representatives who cannot fulfill their obligations, have mismanaged or misappropriated estate assets, or have acted negligently or unfairly in administering the estate
  • Disputes regarding compensation of trustees, personal representatives and administrators
  • Claims regarding the transfer of assets during a person's lifetime
  • Proceedings to recover losses resulting from a breach of trust or breach of fiduciary duty
  • Challenges regarding assets improperly included in the estate
  • Misappropriation of estate, trust or elder assets by family members or others
  • Settling estate disputes in a tax effective manner
  • Advising on applications to pass accounts

If you would like more information on how our team can help you resolve your estate dispute, please reach out to Trevor McDonald or James Murphy.