Estate litigation describes the entire legal process that is used to resolve disputes amongst various personal representatives or beneficiaries of a will or under an intestacy. Obviously, it is best for the beneficiaries and personal representatives (an Executor under a will or an Administrator under an intestacy) to work out any issues as amongst themselves as this will minimize stress and financial impact. If that is not possible, the estate lawyers at First West Law can assist you through the process.
Our lawyers are here to assist you through the process for a variety of estate litigation services:
- Probate Disputes
There are a number of grounds under the Wills and Succession Act (Alberta) that can give rise to challenges by beneficiaries either under a will or an intestacy. We can assist you both in defending those claims or assessing whether you have such a claim which we will pursue on your behalf.
- Breach of Executors Duties
We can help you assess whether the executor of the will or the administrator under an intestacy is not following their duties responsibly. In such cases, the executor can be held financially responsible for the losses or mistakes they have caused. Our lawyers can help you to assess next steps.
- Issues Regarding the Power of Attorney
Similar to a Personal Representative under a will, an attorney under an Enduring Power of Attorney has to adhere to strict duties and responsibilities when caring for the property of the person who granted the power of attorney (the Donor). The difference being that the Donor is still living but likely incapacitated. If you have any issues related to an Enduring Power of Attorney, speak with our lawyers.
- Financial Mismanagement
If you notice any kind of mismanagement of the finances before they are distributed as per the will or intestacy, we can help ensure that court reviews these transactions.
- Claims by Dependants
If a dependent of the deceased is not properly cared for under the Will, there are provisions under the Wills and Succession Act which allow for that be rectified in court.
- Guardianship or Trusteeship Disputes
We can help you resolve and manage all the trusteeship and guardianship issues one may be facing. Our lawyers are well equipped and experienced in such cases.
- Jointly Held Assets
We can offer guidance in dealing with jointly held assets in the context of a will.