Contested Wills
Disputes over a loved one's will can be emotionally overwhelming, particularly when questions arise about the deceased's true intentions, the validity of the will, or the circumstances in which it was created. These disagreements can place significant strain on families, delay estate administration, and create uncertainty about inheritance rights.
At Ivy Law, we provide strategic and compassionate legal representation for beneficiaries, family members, executors, and other interested parties involved in contested wills across Alberta and British Columbia. Our estate litigation lawyers assist clients with challenging or defending wills, investigating concerns about testamentary capacity, addressing allegations of undue influence, and resolving disputes over the distribution of estates.
Our team assists clients throughout Calgary, Lethbridge, Medicine Hat, Red Deer, Vancouver, Surrey, and Abbotsford, offering personalized legal support for will validity challenges, inheritance disputes, estate administration conflicts, and estate litigation.
Get the legal guidance you need. Contact IVY Law for a free, confidential consultation to discuss your case, understand your options, and take the first step toward protecting your rights.
Key Takeaways
- A will may be challenged when there are legitimate legal concerns about its validity, including lack of testamentary capacity, undue influence, or failure to satisfy applicable legal requirements.
- Disagreeing with the contents of a will does not, by itself, establish grounds for declaring it invalid.
- Medical records, witness testimony, drafting records, and other evidence may be important when investigating the circumstances surrounding a will.
- Alberta and British Columbia have different estate legislation, procedures, and limitation periods that may affect available claims.
- Early legal guidance can help protect estate assets, preserve relevant evidence, and determine whether a will challenge or defence has a reasonable legal basis.
Contested Wills & Estate Litigation Representation
A will is intended to express a person’s wishes concerning the distribution of their estate after death. However, disputes may arise when family members or beneficiaries question whether the document accurately reflects those wishes or was created in accordance with the law.
At Ivy Law, we understand that contested will proceedings involve both complex legal questions and sensitive family relationships. Our lawyers approach these matters with care, professionalism, and a commitment to protecting our clients’ legal interests.
We represent individuals seeking to challenge a will, as well as executors, beneficiaries, and other parties defending the validity of a testamentary document.
Our team reviews the circumstances surrounding the preparation and execution of the will, evaluates relevant evidence, and advises clients on potential legal remedies.
Whether the dispute involves a recently changed will, concerns about a vulnerable testator, competing testamentary documents, or allegations of improper influence, we provide practical legal guidance throughout the process.
Understanding Contested Wills in Alberta & British Columbia
A contested will is a testamentary document whose validity or legal effect is disputed.
Will challenges are generally based on recognized legal grounds rather than dissatisfaction with the inheritance provided.
Important legal considerations include:
- Testamentary Capacity: Determining whether the person making the will understood the nature of making a will, the general extent of their property, and the claims of those who might reasonably expect consideration.
- Undue Influence: Examining allegations that coercion or improper pressure overcame the testator’s independent wishes.
- Improper Execution: Assessing whether the will satisfies applicable signing, witnessing, and other statutory requirements, including any available provisions allowing a court to recognize a non-compliant document.
- Knowledge & Approval: Determining whether the testator knew and approved the contents of the will.
- Fraud & Forgery: Investigating allegations involving falsified signatures, fraudulent representations, or other deceptive conduct affecting the testamentary document.
- Competing Wills: Resolving disagreements about which document represents the deceased’s legally effective final testamentary intentions.
- Suspicious Circumstances: Evaluating facts that raise legitimate concerns about the preparation, execution, or authenticity of a will.
- Estate Administration Concerns: Addressing disputes involving probate, executors, preservation of estate assets, and the administration of contested estates.
Alberta’s Wills and Succession Act and British Columbia’s Wills, Estates and Succession Act establish important rules affecting wills and estate-related claims.
The legal framework may also involve probate procedures, common law principles, and other applicable legislation.
A challenge to the validity of a will is distinct from certain claims seeking financial provision from an estate. For example, eligible spouses or dependants may have statutory remedies even where a will is otherwise valid, depending on the province and circumstances.
Our lawyers help clients distinguish between these claims and identify the appropriate legal options.
How We Help
- Assess potential grounds for challenging a will
- Defend the validity of contested testamentary documents
- Investigate concerns about testamentary capacity
- Evaluate allegations of undue influence or coercion
- Review suspicious circumstances surrounding will preparation
- Examine execution and witnessing requirements
- Address allegations of fraud, forgery, or misrepresentation
- Review competing or conflicting wills
- Assist with probate-related disputes
- Obtain and evaluate relevant medical and testamentary evidence
- Review estate planning and will-drafting records
- Represent beneficiaries and other interested parties
- Advise executors and estate representatives during disputes
- Seek appropriate orders to protect estate assets
- Negotiate estate litigation settlements
- Represent clients in mediation and court proceedings
- Advise on related estate maintenance and dependant support claims
- Assist with implementation of settlement agreements and court orders
The Contested Will Litigation Process
- Initial Consultation: Discuss the deceased’s estate, the disputed will, your relationship to the deceased, and the concerns giving rise to the challenge.
- Document & Evidence Review: Examine the will, earlier testamentary documents, estate records, relevant correspondence, and available medical or witness evidence.
- Legal Assessment: Evaluate potential grounds for challenging or defending the will, applicable procedures, limitation periods, and available remedies.
- Negotiation & Resolution: Explore opportunities to resolve disagreements through discussions, mediation, or negotiated settlement arrangements.
- Estate Litigation: Commence or defend appropriate court proceedings when a negotiated resolution is unavailable or judicial intervention is required.
- Resolution & Estate Administration: Implement settlement terms or court orders and address the resulting implications for probate and estate distribution.
Common Contested Will Matters
- Challenges to the validity of wills
- Testamentary capacity disputes
- Undue influence allegations
- Suspicious circumstances surrounding wills
- Improperly executed wills
- Fraudulent or forged testamentary documents
- Competing wills and codicils
- Disputes involving last-minute will changes
- Will challenges involving vulnerable adults
- Knowledge and approval disputes
- Probate objections and contested probate proceedings
- Executor and beneficiary disagreements
- Estate asset preservation disputes
- Disagreements over testamentary intentions
- Will interpretation and construction disputes
- Related dependant support and estate maintenance claims
- Mediation and settlement of inheritance disputes
- Court proceedings concerning contested estates
Frequently Asked Questions
Get quick answers to questions clients frequently ask before working with our firm.
A will may be challenged on grounds such as lack of testamentary capacity, undue influence, fraud, forgery, improper execution, or lack of knowledge and approval. The available arguments depend on the circumstances and applicable provincial law. Simply believing that a will is unfair or that a beneficiary should have received more does not automatically make it invalid. However, separate statutory claims for financial provision may be available to certain eligible individuals.
Possibly, but exclusion alone does not establish that a will is invalid. You may have grounds to challenge the will if there is evidence of a recognized legal defect, such as undue influence or lack of testamentary capacity. Depending on your relationship to the deceased and the province involved, you may also have a separate statutory claim for financial provision from the estate. A lawyer can help determine which legal options, if any, apply.
Testamentary capacity is assessed according to legal principles that consider whether the testator understood the nature and effect of making a will, the general extent of their property, and relevant potential beneficiaries. Evidence may include medical records, observations from witnesses, information from the drafting lawyer, and the circumstances surrounding execution. A medical diagnosis alone does not necessarily establish that a person lacked testamentary capacity when the will was made.
The applicable deadline depends on the province, the type of claim, and the stage of estate administration. Challenges to will validity, probate proceedings, and statutory claims for financial provision may be subject to different procedural rules and limitation periods. Some deadlines are particularly short. Seeking legal advice promptly is important because delays may affect the available remedies or allow estate assets to be distributed before the dispute is addressed.
If a court determines that a will is invalid, the estate may be administered under an earlier valid will, if one exists and applies. Otherwise, some or all of the estate may be distributed according to the applicable intestacy rules. The outcome depends on the legal basis for the decision, the existence of other testamentary documents, and the circumstances of the estate. Court orders may also address probate, estate administration, and related costs.
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At Ivy Law, we're here to help you navigate life's legal challenges with personalized guidance and a clear path forward.