When someone passes away with a valid will in place, the process of dividing their estate should be straightforward. Unfortunately, that isn’t always the case. Family members or other beneficiaries may challenge the validity of the will, leading to what is known as a testacy dispute.
At Verhaeghe Law, our Edmonton estate litigation lawyers help families across Alberta navigate these sensitive situations. If you believe a loved one’s will is unfair or invalid, contact us today to discuss your options.
What is a Testacy Dispute?
A testacy dispute happens when a will exists, but its validity or fairness is questioned. These disputes often arise because an interested party feels the will:
- Does not reflect the deceased’s true wishes
- Was created under suspicious circumstances (such as undue influence or lack of capacity)
- Fails to make adequate provision for certain family members
- And more
Unlike intestacy disputes (where there is no will), testacy disputes focus on whether the existing will should be upheld or set aside.
Common Grounds for Contesting a Will in Alberta
Courts in Alberta may consider setting aside or altering a will if there is evidence of:
- Lack of Mental Capacity: The will maker may not have fully understood what they were doing at the time the will was made.
- Undue Influence: Someone pressured or manipulated the testator (will maker) into making certain decisions.
- Failure to Meet Legal Requirements: For example, if the will was not properly signed or witnessed according to the Alberta Wills and Succession Act.
- And More.
If you wish to contest a will, you must begin a testacy dispute through a court application. An experienced estate litigation lawyer can guide you through the necessary legal steps and assess your situation to determine the best path forward.
How Testacy Disputes Are Resolved
If a testacy dispute arises, the court will carefully review evidence to decide whether the will is valid and enforceable. Evidence may include:
- Witness testimony from lawyers, doctors, and/or family members
- Medical records showing the testator’s mental state at the time of will-writing
- Financial and estate planning documents
- Circumstances surrounding how and when the will was made
- And more
Depending on their findings, the court may decide to:
- Uphold the will as valid
- Invalidate the will (in whole or in part)
- Reinstate a previous will, if one exists
- Apply intestacy rules if no valid will remains
Why is Legal Guidance Important for Testacy Disputes?
Testacy disputes can be emotionally draining and legally complex. Having the right legal representation ensures that your voice is heard and that your loved one’s true intentions are respected. A lawyer can also help resolve matters more efficiently, potentially saving families time, money, and stress.
Involved in a Testacy Dispute in Alberta? Contact Verhaeghe Law Today
Disputes over wills are never easy to navigate, but understanding how testacy disputes work can help you make informed decisions. If you believe a will in Alberta is unfair or invalid, don’t wait to get advice.
At Verhaeghe Law, our Edmonton estate litigation lawyers are here to guide you through the process and protect your rights. Contact us today for a confidential consultation.