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Introduction
Disputes over wills and estates in Alberta can be emotionally taxing and legally complex. Whether you’re in Edmonton, Calgary, Red Deer, Lethbridge, or Fort McMurray, understanding your legal options is crucial. This guide provides insight into estate litigation in Alberta and how an experienced Alberta estate lawyer can assist you.
Grounds for Contesting a Will
1. Lack of Mental Capacity
One common reason for contesting a will is the claim that the testator lacked the mental capacity to make informed decisions. Under Alberta law, the person creating the will must fully understand the implications of their decisions.
2. Undue Influence
If you believe the testator was coerced or manipulated into making certain provisions, this could be grounds for contesting the will. Undue influence undermines the voluntary nature of the testator’s decisions.
3. Failure to Meet Legal Formalities
Alberta’s Wills and Succession Act requires specific criteria for a will to be valid. This includes proper signing, witnessing, and drafting procedures. Errors in these areas can render a will invalid.
Family Maintenance and Support Claims
Under the Wills and Succession Act, certain family members—such as spouses, adult interdependent partners, or dependent children—may be entitled to financial support from the estate, even if they’re not included in the will. An experienced estate litigation lawyer in Alberta can help you understand and assert your rights.
Alternative Dispute Resolution
Mediation and Negotiation
Estate disputes don’t always have to end up in court. Mediation and negotiation are effective ways to resolve conflicts amicably. These methods can save time and money while preserving family relationships.
Benefits of Alternative Resolution
• Cost-Effective: Reduces legal fees and court costs.
• Time-Saving: Faster resolution compared to court proceedings.
• Confidential: Keeps family matters private.
• Flexible Solutions: Allows for creative agreements tailored to your family’s needs.
Conclusion
Estate disputes in Alberta are complex and emotionally charged. Seeking legal advice early can help protect your rights and lead to a fair resolution. Whether you’re contesting a will or need guidance on family maintenance claims, a qualified Alberta estate lawyer is essential.
Contact Us for a Free Consultation
If you want to discuss your case with a licensed Alberta attorney, call 1-800-LAWYER-0 (1-800-529-9370) for a free, no-obligation consultation.
Disclaimer: This article is for informational purposes only and does not constitute legal or financial advice. Always consult a qualified professional for personalized guidance.
Tags: Alberta estate lawyer, estate litigation in Alberta, contesting a will in Edmonton, Calgary legal assistance, wills and succession act, dispute over a will in Red Deer, Lethbridge estate disputes, Fort McMurray legal support
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