When a loved one passes, not everyone may agree that the testamentary documents are a reflection of his or her true wishes. In Alberta, it is possible to challenge the terms of a will or trust on specific legal bases. At Walsh LLP in Calgary and Okotoks, our estate litigation lawyers can help you to commence legal action to challenge a will, or to defend against such legal proceedings, and uphold the will.
Disputing Testamentary Documents In Court
An individual's will is an important document, but to hold up under legal scrutiny, a will must meet certain conditions. There are several bases upon which to challenge the validity of a will, including:
- Incapacity: When a person drafts a will, he or she must have the mental capacity to understand its nature and effects. In certain situations, which may include dementia, the will may be invalid because the person did not have the requisite legal capacity to make the will.
- Undue influence or duress: A will must be drafted free of outside influence. If a will-maker was significantly pressured into drafting the will a certain way, the will may be found to be invalid.
- Technical requirements not met: As a legal document, a will must conform to certain rules such as proper signatures and other formalities. If these requirements are not met, the will may be invalid.
At Walsh LLP, we can represent you in the challenge or defence of a loved one's will. We also handle litigation that involves the varying or termination of a trust. To learn more, we invite you to get in touch with us.
Serving Greater Calgary And High River: Lawyers To Contest A Will Or Trust
In addition to our estate litigation services, we also offer extensive estate planning services to ensure your estate passes to the next generation with a minimum of conflict.
To schedule a consultation with one of our lawyers to terminate a trust or challenge a will in Calgary or Okotoks, contact us online or call 403-267-8400 locally, 800-304-3574 toll free.