Estate Litigation

HIRE A PROFESSIONAL ESTATE LITIGATION LAWYER IN CALGARY

After someone close to you passes away, there is a lot of emotional and mental turmoil. The estate they leave behind must now be divided among the beneficiaries mentioned in the will. If there is no will, the estate will pass through what is known as intestate succession. When disputes relate to estates, wills and trusts, the professional estate litigation lawyers in Calgary at First West Law LLP will represent your best interests. Read more about wills and estate law by clicking here. Check our blogs for more information, and contact us to speak with our family lawyers in Calgary today.

WHAT IS ESTATE LITIGATION?

Estate litigation describes the legal process to resolve disputes amongst various personal representatives or beneficiaries of a will or under an intestacy. The beneficiaries and personal representatives (an Executor under a will or an Administrator under an intestacy) should work out any issues amongst themselves as this will minimize stress and financial impact. If that is not possible, the estate lawyers at First West Law LLP can assist you.

Our Estate Litigation lawyers Calgary are here to assist you through the process for a variety of estate litigation services:

Probate disputes
Under the Wills and Succession Act (Alberta), there are several grounds that can give rise to challenges by beneficiaries either under a will or an intestacy. We can assist you in defending those claims or assessing whether you have such a claim, which we will pursue on your behalf.
Breach of executor duties
We can help you assess whether the Executor of the will or the Administrator under an intestacy is not living up to their duties responsibly. In such cases, the executor can be held financially responsible for the losses or mistakes they have caused. Our lawyers can help you to assess the next steps.
Issues regarding the Power of Attorney
Like a Personal Representative under a will, an Attorney under an Enduring Power of Attorney must adhere to strict duties and responsibilities when caring for the property of the person who granted a Power of Attorney (the Donor). The difference is that the Donor is still living but likely incapacitated. If you have issues with an Enduring Power of Attorney, speak with our lawyers.
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Financial mismanagement
If you notice any mismanagement of the finances before they are distributed as per the will or intestacy, we can help ensure that the court reviews these transactions.
Claims by dependants
If a dependent of the deceased is not properly cared for under the Will, provisions under the Wills and Succession Act allow that to be rectified in court.
Guardianship or trusteeship disputes
We can help you resolve and manage all the trusteeship and guardianship issues you may face. Our lawyers are well-equipped and experienced in such cases.
Jointly held assets
We can offer guidance in dealing with jointly held assets in the context of a will.

ADVANTAGES OF HIRING AN ESTATE LITIGATION LAWYER

Hiring estate litigation lawyers in Calgary offers several advantages. Firstly, these professionals possess specialized knowledge and experience in navigating complex legal matters related to wills, powers of attorney, and estate planning. They can provide expert guidance and ensure compliance with relevant laws and regulations. Secondly, estate litigation lawyers in Calgary can protect your interests and advocate on your behalf in disputes, whether contesting a will or resolving issues regarding inheritance. Their negotiation skills and courtroom expertise increase the likelihood of achieving favourable outcomes. Lastly, hiring estate litigation lawyers in Calgary provides peace of mind, knowing that your legal concerns are being handled competently, allowing you to focus on other aspects of your life.

HOW TO PREPARE FOR ESTATE LITIGATION?

Whether you are a personal representative, a beneficiary, or another interested party, preparing for estate litigation is crucial:

Gather documents: Collect relevant wills, financial records, correspondence, and legal notices.
Understand your role: Know your legal rights and responsibilities as a beneficiary or executor.
Consult an estate litigation lawyer: Seek advice from experienced professionals to clarify your options and develop a strategy.

Our estate litigation lawyers in Calgary provide clear guidance to help clients navigate this challenging process confidently. Call now.

WHO CAN WE REPRESENT?

Different parties involved with probate, administration of an intestate estate or dealing with an Enduring Power of Attorney might need other services based on their role. Our estate litigation lawyers can provide the right guidance and suggestions and represent your case up to and including the court. We can act for:

The Personal Representative on behalf of the Estate;
A Beneficiary or Beneficiaries;

If you need assistance resolving an estate dispute, contact First West Law LLP in Calgary.

THE ROLE OF A FAMILY LAWYER IN ESTATE DISPUTES

Estate disputes can intertwine with family law matters, especially when dependents or spousal claims are involved. Our family lawyer Calgary works closely with estate litigation lawyers to address issues such as:

Dependent support claims: Ensuring adequate provisions for minor children, spouses, or common-law partners.
Blended family disputes: Resolving conflicts that arise from multiple marriages or relationships.
Shared asset distribution: Handling cases where family property and estate assets overlap.

Our lawyers offer a holistic approach to resolving complex disputes by combining estate and family law expertise.

ASSERTIVE ESTATE LITIGATION LAWYERS READY TO REPRESENT YOU IN COURT

Suppose you find yourself in an estate dispute and determine that litigation is the appropriate path to resolution. In that case, you require lawyers prepared to advocate for your rights with assertiveness and fearlessness. Our dedicated team protects your interests and strives for a favourable outcome.

We pride ourselves on our pragmatic approach to the legal process, ensuring our clients receive competent and modern professional service. We understand the importance of being cost-effective, and our fees are designed to be reasonable compared to other firms. We offer responsive, concise, and highly competent legal advice, even in lengthy and complex estate litigation cases.

TIPS FOR AVOIDING ESTATE DISPUTES

Proactive steps can minimize the likelihood of conflicts:

Draft a comprehensive will: Ensure the document is clear, up-to-date, and legally valid.
Communicate expectations clearly: Open discussions with family members reduce misunderstandings.
Appoint trusted executors: Choose individuals capable of handling estate responsibilities impartially.
Update estate plans regularly: Reflect life changes and asset adjustments.

Our estate litigation and family lawyers in Calgary assist clients in creating robust estate plans to protect their legacies.

WORKING WITH US

At First West Law LLP, we adopt a tailored and strategic approach to estate disputes:

Comprehensive case evaluation: We assess all aspects of your situation, including legal claims, financial implications, and family dynamics.
Negotiation and mediation first: Where possible, we prioritize out-of-court resolutions to minimize costs and emotional stress.
Litigation expertise: Our assertive representation protects your rights when court proceedings are necessary.

Our focus is on achieving practical and cost-effective solutions while safeguarding your interests.

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