Discovering that you have been excluded from a loved one’s will can be shocking and emotionally painful. Not only may you feel hurt by the decision, but you may also be worried about your financial future. Fortunately, Alberta law provides certain protections, and in some cases, there may be legal remedies available.
At Verhaeghe Law, our estate litigation lawyers in Edmonton regularly help clients navigate disputes surrounding wills, including cases where beneficiaries are excluded. Get in touch with our legal team today to discuss your situation.
Why Someone Might Be Left Out of a Will
Sometimes, exclusion from a will is intentional. Other times, it may be the result of circumstances or errors, such as:
- Changing family dynamics: The deceased may have had a falling-out with a family member
- Second marriages or blended families: Children from previous relationships may be left out in favour of current spouses or children
- Mistakes or oversight: A testator may unintentionally exclude someone by not updating their will
- Undue influence: A vulnerable person may have been pressured into changing their estate plans
If you’ve been excluded, it is important not to assume the decision was valid or final. Alberta law allows for challenges in certain situations.
Can You Challenge a Will in Alberta?
In Alberta, wills are generally respected as a reflection of the testator’s wishes. However, there are legal grounds on which a will can be challenged:
- The testator lacked mental capacity when the will was created
- The will was the result of undue influence or coercion
- The will was not executed according to Alberta law
- There are signs of fraud, forgery, or tampering
If any of these apply, courts may declare the will—or certain provisions within it—invalid.
If you believe you were unfairly excluded, our lawyers can help you evaluate whether these grounds apply to your case. Speak with us today about your situation.
What is Dependents’ Relief Under Alberta Law?
Even if you are not named in a will, Alberta’s Wills and Succession Act provides protections for certain dependents. If you are a spouse, adult interdependent partner, or child of the deceased who was financially dependent on them, you may be able to apply for family maintenance and support.
The court will review your financial situation, the size of the estate, and the obligations the deceased had toward you. In some cases, the court may order that you receive a portion of the estate, regardless of what the will says.
Steps to Take if You’ve Been Left Out of a Will
If you discover you are excluded from a will, it’s important to act quickly:
- Seek legal advice immediately to understand your rights and deadlines
- Gather documents, such as the will, medical records, or correspondence that may indicate undue influence
- Avoid conflict with family members until you’ve spoken to a lawyer. Sometimes disputes can be resolved through negotiation or mediation rather than litigation
At Verhaeghe Law, we work with clients to pursue fair outcomes while minimizing the emotional and financial strain of disputes.
Contact Verhaeghe Law for Help Challenging a Will
Being excluded from a will does not necessarily mean you are without options. Alberta law provides avenues for challenging wills and protecting the rights of dependents.
If you believe you were wrongfully left out of a will, contact Verhaeghe Law’s Edmonton estate litigation lawyers today. We will review your situation, explain your legal options, and help you take the next step toward protecting your future.