Wills & Estates, September 25, 2024 - by Lypkie Henderson

What Should I Do if I Think Someone Will Contest My Will?

In an ideal world, the estate planning process creates a smooth and equitable outcome for a family. Unfortunately, that isn’t always the case. A contested will isn’t the outcome anyone wants, but complex personal situations and family dynamics can create challenging situations for an estate or a will in probate in Alberta.

How can you try to avoid this conflict? What if you think there’s a chance someone may contest your will? Working with professionals today can make it easier for your family to work with a probate lawyer in Edmonton later. Here’s what to know about contested wills and the planning process.

Who Can Contest a Will in Edmonton?

Understanding who can raise a challenge is the first step to planning for this contingency. Only certain individuals have the legal standing to challenge your will, and they must have clear grounds to make the dispute. Some of the parties that may contest a will include:

  • Your spouse
  • An Adult Interdependent Partner (i.e. your common-law partner)
  • Adult children with a physical or mental disability or their representative
  • An individual with enduring power of attorney
  • A public trustee
  • A beneficiary with a demonstrable interest

If one of these parties can demonstrate to the courts that they have the grounds to challenge your will, proceedings may begin.

What Grounds Are There for Contesting a Will?

There are a limited number of reasons considered valid grounds to begin challenging a will. Understanding these reasons can inform the decisions you make during the planning process. Someone with the appropriate standing might dispute a will for the following claims:

  • The will was made under duress or undue outside influence.
  • The will itself is a forgery.
  • The will wasn’t executed or was improperly executed during creation.
  • The deceased was mentally incapacitated when the will was signed.
  • The deceased failed to provide sufficient support for their spouse, partner, or dependents, such as adult children with a mental or physical disability.

So, how can you reduce the likelihood of conflict?

What You Can Do to Head Off Potential Disputes

The best defence against a potential dispute is an ironclad will crafted with care, attention to detail, and expertise. Working with a will lawyer is fundamental to this process. With help, you can ensure that everything is above board throughout your will. Following the law to the letter in the writing, signing, and witnessing of the will can close off many potential avenues of dispute.

Lawyers often also keep detailed notes with respect to the will and the signing of the will, which can be useful if the deceased’s capacity or willingness to sign the will is brought into question. In Alberta, courts have recently signalled some approval for so-called “no-contest clauses.” If a beneficiary of your will disputes its validity in court and loses, a no-contest clause disinherits that beneficiary and re-allocates assets to other beneficiaries. As a novel area of the law, working with a probate lawyer in Edmonton is essential if you’d like to explore this option.

Explore Your Options in Depth With Friendly Help

Your will and your estate shouldn’t be a source of conflict after you pass. However, family disputes can create challenges, dragging out the process in unpleasant ways. At Lypkie Henderson, our experienced lawyers aim to help you and your family avoid such situations. With proper planning and a clear understanding of the law, we can help you manage risks for greater peace of mind. Speak with us today to learn more about guarding against disputes.

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