Edmonton’s Estate Litigation Lawyers
Will Challenges And Inheritance and Estate Disputes
Has someone that you care about recently passed away, and you have concerns about what is going to happen with their estate?
When people die, or make questionable gifts or decisions, many legal issues arise. An estate dispute may arise where someone might contest or dispute the deceased’s Will, thinking that a gift is wrong for some reason. Perhaps at the time the Will was made the maker was ill, or under some severe impediment or undue influence from another person such as a family member or a caregiver. Maybe the provisions of the Will are clearly unfair, or contrary to another statement given by the deceased by way of an express or implied promise. Perhaps you were disinherited or the proposed distribution of assets or money under the Will is contrary to law, such as failing to meet legal obligations of the deceased, or failing to take care of his or her dependants (children, spouse, etc.)
At McCuaig Desrochers LLP, our team of estate litigation lawyers has the experience and knowledge to assist those going through an estate dispute in understanding when to challenge a will, a transfer of property or other gift made in suspicious circumstances. We can provide the necessary professional legal help to interpret what the maker of the document actually intended to do, as opposed to claims about what he or she appears to have done.
Even in situations where wills are professionally prepared, often many years before death, there can be serious questions as to whether the provisions are lawful and appropriate, especially when the legitimate expectations of the person’s heirs are ignored. A child, spouse, partner or other dependant who is not properly protected may make a successful challenge in Court. The deceased or donor of the gift may not have had the capacity to understand what he or she was doing, or could have been under improper influence. We can assist you in bringing these facts before a court, and getting an Court mandated remedy that is fair for all involved.
In addition to providing assistance with challenges to Wills and also defending against inappropriate challenges, we can help you navigate issues concerning transfers of land or property before death, joint bank accounts, powers of attorney issues, accounting and financial decisions by Executors or Personal Representatives of an estate, and claims asserted by “close friends” and interdependent (common law) partners. Our team of Edmonton based estate litigation lawyers can assist across the Province of Alberta and help you identify if there is a problem, and recommend an appropriate resolution if there is one. We can stand with you during each step of this difficult, stressful and unfortunate situation.
Please contact our office to speak with one of our estate litigation lawyers about how we can help you.