Understanding Probate and Estate Disputes in Calgary

When a loved one passes away, families often face not only emotional challenges but also complex legal processes. In Alberta, one of the most significant steps in settling an estate is probate. This is the court-supervised process that validates a will and authorizes the personal representative (formerly called the executor) to manage and distribute the deceased’s assets.

While probate is intended to provide clarity and legal certainty, it can also lead to disputes among beneficiaries, especially when expectations clash or the will’s terms are unclear. This is where working with an experienced estate lawyer in Calgary becomes essential.

What Does a Probate Lawyer in Calgary Do?

A probate lawyer plays a critical role in guiding families through the legal requirements of estate administration. Their responsibilities include:

Applying for a Grant of Probate or Administration

If the deceased left a valid will, the personal representative must apply to the Court of King’s Bench for a Grant of Probate. If there is no will, the process involves obtaining a Grant of Administration. These court orders give the representative legal authority to act on behalf of the estate.

Interpreting Wills and Advising Personal Representatives (Executors)

Wills can contain ambiguous language or complex provisions. A probate lawyer ensures the deceased’s wishes are interpreted correctly and advises the executor on fulfilling their duties without breaching fiduciary obligations.

Managing Asset Valuation and Debt Settlement

Before assets can be distributed, the estate must settle outstanding debts and taxes. Probate lawyers coordinate with appraisers and financial experts to determine asset values and ensure compliance with tax laws.

Resolving Disputes and Representing Clients in Court

If disagreements arise, such as challenges to the validity of a will or claims by dependents, a probate lawyer provides legal representation and works toward fair resolutions through negotiation, mediation, or litigation.

Why Estate Litigation Occurs

Even with careful planning, disputes can occur for several reasons:

·                Questions about the validity of the willBeneficiaries may allege undue influence, lack of capacity, or improper execution of the will.

·                Executor misconductAllegations of mismanagement, withholding inheritance, or conflicts of interest can lead to litigation.

·                Dependents’ support claimsUnder Alberta’s Wills and Succession Act, dependents who are inadequately provided for can make claims against the estate.

·                Jointly held assets and giftsDisagreements often arise over whether certain assets belong to the estate or a surviving joint owner.

How Can Estate Litigation Affect the Distribution of Assets?

Estate litigation can significantly delay the administration process. Instead of assets being distributed within months, disputes can extend timelines to years. Legal costs and court fees may also reduce the overall value of the estate, leaving beneficiaries with less than expected. In some cases, the court may completely change how the assets are distributed. This can include awarding additional support to dependents or invalidating certain provisions of the will. This underscores the importance of proactive legal guidance to minimize conflict and protect family relationships.

The Benefits of Hiring an Estate Lawyer in Calgary

Attempting to navigate probate and estate disputes without professional help can lead to costly mistakes and personal liability. Here’s why hiring an estate lawyer Calgary is a smart decision:

·                Expert knowledge of Alberta lawEstate lawyers understand the nuances of provincial legislation and court procedures, ensuring compliance at every step.

·                Efficient resolution of disputesSkilled lawyers use mediation and negotiation to resolve conflicts quickly, avoiding prolonged litigation whenever possible.

·                Protection against liabilityExecutors can be held personally responsible for errors in estate administration. Legal guidance helps mitigate this risk.

·                Peace of mind during difficult timesManaging an estate while grieving is overwhelming. A lawyer handles the legal complexities so families can focus on healing.

Why Choose First West Law LLP?

At First West Law LLP, we understand that estate matters are deeply personal and often emotionally charged. Our team of experienced estate lawyers in Calgary provides compassionate, practical advice tailored to your unique situation. Whether you need assistance with probate applications, interpreting a will, or resolving disputes among beneficiaries, we are here to protect your interests and achieve the best possible outcome.

If you are facing probate or an estate dispute, don’t navigate this complex process alone. Contact First West Law LLP today to schedule a consultation and learn how we can help you safeguard your loved one’s legacy.