Discovering that you’ve been excluded from a loved one’s will can be emotionally devastating and financially worrying. Whether you’re a spouse, child, or other family member who expected to inherit, being left out raises immediate questions about your rights and options. In Alberta, the law provides several avenues for those who believe they’ve been unfairly excluded from an estate, but understanding these options requires careful consideration of the specific circumstances and legal requirements.
Understanding Your Legal Standing
Before taking any action, it’s crucial to understand whether you have legal grounds to challenge the will or claim against the estate. In Alberta, certain individuals have stronger legal protections than others when it comes to inheritance rights.
Spouses and Adult Interdependent Partners have the most robust protections under Alberta’s Wills and Succession Act. If you’re a surviving spouse or adult interdependent partner who has been left out of the will entirely or received what you believe is inadequate provision, you may have grounds for a claim. The law recognizes that spouses have a fundamental right to support from their deceased partner’s estate.
Minor children also have strong potential claims, particularly if they were financially dependent on the deceased or if there are unusual circumstances surrounding their exclusion. However, parents generally have the right to distribute their assets as they see fit, so the bar for successful claims by adult independent children can be higher.
Other family members such as parents, siblings, grandchildren or step-children typically have limited rights to challenge a will unless they can demonstrate they were financially dependent on the deceased or there are exceptional circumstances.
Grounds for Challenging a Will
Several legal grounds exist for challenging a will in Alberta, each with specific requirements and standards of proof.
Lack of testamentary capacity occurs when the will-maker didn’t have the mental ability to understand the nature and consequences of making a will. This might involve dementia, mental illness, or other cognitive impairments that affected their decision-making ability at the time the will was created.
Undue influence happens when someone pressured or manipulated the deceased into changing their will against their true wishes. This often involves situations where a caregiver, family member, or friend used their position of trust to benefit themselves at the expense of other potential beneficiaries.
Fraud or forgery involves situations where the will was created through deceptive means, signatures were forged, or the deceased was misled about the contents of the document they were signing.
Improper execution occurs when the will wasn’t properly witnessed, signed, or prepared according to Alberta’s legal requirements. Technical defects in how the will was created can sometimes invalidate the entire document.
Family Maintenance and Support Claims
Even if you cannot successfully challenge the validity of the will itself, Alberta law provides another avenue through family maintenance and support claims. Under the Wills and Succession Act, certain family members can apply to the court for adequate provision from the estate if they believe the will doesn’t provide appropriate support.
These claims are based on the principle that individuals have moral and legal obligations to provide for their dependents and family members, even after death. The court considers factors such as the relationship between the claimant and deceased, the claimant’s financial needs, the size of the estate, and the deceased’s reasons for the distribution choices made in the will.
Successful family maintenance claims don’t necessarily invalidate the will but can result in court orders redistributing portions of the estate to provide adequate support for eligible family members. As noted above, spouses, adult interdependent partners, minor children and adult children who suffer from a disability which renders them incapable of earning a livelihood can make a claim against the estate if they have been completely or partially excluded from the Will.
Immediate Steps to Take
If you believe you’ve been wrongfully excluded from a will, time is often critical. Alberta has limitation periods that restrict how long you have to take legal action, so prompt action is essential.
Obtain a copy of the will as soon as possible. The executor should provide copies to beneficiaries, but if you’re not named in the will, you may need to request it through the court or your lawyer.
Consult with an experienced estate litigation lawyer who can assess the strength of your potential claim and advise you on the best course of action. Estate litigation is complex and specialized, requiring expertise in both the substantive law and procedural requirements.
Consider the costs and benefits carefully. Estate litigation can be expensive and time-consuming, and there’s always risk involved. Your lawyer can help you understand the potential costs, likelihood of success, and possible outcomes.
Alternative Dispute Resolution
Not all estate disputes need to go to court. Mediation and other forms of alternative dispute resolution can sometimes resolve conflicts more efficiently and cost-effectively than litigation. These approaches can preserve family relationships while still addressing legitimate concerns about the estate distribution.
Many estate disputes arise from misunderstandings, poor communication, or family dynamics rather than clear legal violations. A skilled mediator can help family members work through these issues and reach agreements that address everyone’s core concerns.
Moving Forward
Being left out of a will is never easy, both emotionally and practically. While the law provides various protections and remedies, each situation is unique and requires careful analysis of the specific facts and circumstances involved.
The key is to act promptly while taking time to make informed decisions about how to proceed. With proper legal guidance and a clear understanding of your rights and options, you can determine the best path forward for your particular situation.
Remember that estate litigation is not just about money – it’s often about family relationships, recognition, and closure. Whatever approach you choose, focus on achieving outcomes that align with your values and long-term well-being, not just immediate financial gain.
Disclaimer: This post is intended for informational purposes only and does not constitute legal advice.
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