Few things cause more stress within a family than disputes over a loved one’s estate. Inheritance disagreements can stall estate administration, deplete estate assets through legal fees, and leave lasting scars on family relationships. These conflicts are also legally complex, often involving competing claims from siblings, spouses, and other relatives.
At Verhaeghe Law in Edmonton, our estate litigation lawyers understand the sensitivities involved. We help beneficiaries, executors, and families resolve disputes efficiently while protecting legal rights. To speak about your situation and legal rights, schedule a consultation today.
Why Inheritance Disputes Arise
Disputes among beneficiaries are more common than many people realize. Some of the most frequent causes include:
- Unequal distribution of assets: One child may receive a larger share than another, creating resentment.
- Second marriages and blended families: Children from previous relationships may feel excluded if assets are left primarily to a new spouse
- Executor disputes: Beneficiaries may question whether the executor is acting fairly or competently
- Allegations of undue influence: Family members may believe someone pressured the testator to make changes.
- Concerns about mental capacity: If the testator suffered from dementia or other cognitive decline, beneficiaries may question the validity of the will.
When these issues arise, emotions often run high. Having an experienced estate litigation lawyer can help keep disputes focused on the law rather than escalating personal conflicts.
Alberta’s Legal Framework For Estate Disputes
In Alberta, estate disputes are primarily governed by the Wills and Succession Act, which sets out requirements for valid wills and the rights of family members. Beneficiaries may challenge a will on the basis of:
- Improper execution (e.g., not signed or witnessed correctly).
- Lack of testamentary capacity.
- Undue influence, coercion, or fraud.
- Ambiguities in how the will is written.
- And more.
Even if a will is valid, Alberta law provides additional protections for dependents. A surviving spouse, common-law partner, or child who was financially dependent on the deceased may apply for family maintenance and support. This ensures that dependents are not left destitute, even if they were left out of the will.
The Role of Executors in Disputes
Executors are responsible for carrying out the wishes of the deceased. However, when beneficiaries believe an executor is acting unfairly or mismanaging estate assets, disputes can arise.
Common complaints include:
- Delays in distributing the estate.
- Lack of transparency about finances.
- Perceived favouritism toward certain beneficiaries.
Courts can intervene to remove or replace executors if they fail to perform their duties properly. Our lawyers can assist beneficiaries seeking accountability—or defend executors facing unfounded allegations.
Mediation vs. Litigation: Choosing the Right Path for You
Not every inheritance dispute ends up in court. In fact, mediation is often a cost-effective and less adversarial way to resolve disagreements. Through mediation, beneficiaries can work with a neutral third party to find a compromise while preserving family relationships.
However, litigation may be necessary if mediation fails or if one party refuses to negotiate. In those cases, our estate litigation team will advocate strongly for your rights in court. We’ll gather evidence, all necessary documentation, and craft a compelling case to present on your behalf to help you achieve your goals in your dispute.
Practical Steps for Beneficiaries
If you are involved in an inheritance dispute, there are practical steps you can take to protect your position:
- Seek legal advice early to understand your rights under Alberta law.
- Keep records of all communication with executors or other beneficiaries.
- Avoid escalating personal conflicts, which may harm your case.
- Consider mediation as a first step, especially if family relationships are at stake and you’d like to protect them.
Inheritance disputes are not just about legal rights—they are about families, relationships, and legacies. At Verhaeghe Law, we provide hands-on support for clients facing these difficult situations.
Our Edmonton estate litigation lawyers can:
- Assess your case: We review the will, estate documents, and your relationship to the deceased to determine your legal options.
- Challenge or defend a will: If there are concerns about capacity, undue influence, or improper execution, we prepare and file the necessary court applications.
- Represent executors or beneficiaries: We assist executors accused of misconduct and defend beneficiaries whose inheritance is being challenged.
- Pursue dependents’ relief claims: For spouses, common-law partners, or children left out of a will, we advocate for adequate support under Alberta’s Wills and Succession Act.
- Negotiate settlements: Many disputes can be resolved outside of court. We negotiate on your behalf to protect your interests while minimizing conflict.
- Advocate in court: If litigation is unavoidable, we build strong arguments, gather evidence, and represent you through every stage of the process.
- And more
By providing both legal strategy and practical advice, our goal is to protect your inheritance rights while reducing the stress and cost of estate disputes.
Navigating an Inheritance Dispute? Contact Verhaeghe Law Today
Inheritance disputes are emotionally charged and legally complex. Without legal guidance, you may risk losing valuable rights or prolonging the conflict. At Verhaeghe Law in Edmonton, our estate litigation lawyers provide the knowledge and advocacy needed to navigate disputes with confidence.
If you are facing an inheritance dispute in Alberta, contact us today to schedule a consultation. We are here to help you protect your interests and move toward a fair resolution.