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Estate Litigation Lawyers

Hire a Professional Estate Litigation Lawyer in Calgary

After someone close to you passes away, there is a lot of emotional and mental turmoil going on. The estate they leave behind will now need to be divided among the beneficiaries mentioned in the will. If there is no will, the estate will pass through what is known as intestate succession. When there are disputes related to estates, wills and trusts, the professional estate litigation lawyers at First West Law LLP in Calgary can represent your best interests. Contact us to speak with our lawyers today. 

What Is Estate Litigation?

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.

Who Can We Represent?

Different parties involved with probate, administration of an intestate estate or dealing with an Enduring Power of Attorney might need different services based on their role. Our estate litigation lawyers can provide the right guidance and suggestions and represent your case up to and including court.  We can act for:

  • Estate
  • Beneficiary
  • Third Party

If you need assistance in resolving an estate dispute,contact First West Law LLP in Calgary.

Related Posts 

Read more about estate litigation law in our related blog posts: 

  • reviewing will and estate
    21/01/2022
    What Are the Grounds for Contesting an Estate?

    They say you can't pick your family, and nowhere is this more evident than in the field of estate law. Unfortunately, we all have at least one relative with whom we're not on great terms When there's a death in the family, those simmering conflicts tend to boil to the surface.

    Someone might get left out of a will and set out to challenge the estate distribution. There may be valid reasons to contest a will.

    However, to successfully contest a will you'll need to know the grounds for doing so. We'll discuss those in this article.

    Read More
  • estate lawyer probating a will
    26/08/2021
    4 Reasons to Hire a Lawyer to Probate an Estate

    Do you wonder what will happen to your estate after you're gone? Is dealing with estate-related conflicts affecting your well-being? Well, you should know you're not alone. 

    Covid-19 was an eye-opener for citizens across Canada. A 2020 survey reported that over 30 percent of Canadians talked about properly protecting their estate during the pandemic. Yet, many of these conversations won't have accounted for a crucial step in this process. 

    If the thought of handling an estate causes you anxiety, we are there to help. This guide will highlight 4 reasons to hire a lawyer to probate an estate

     

    Read More

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