Estate Litigation
Reliable Solutions in Edmonton
At Forum Estates LLP, based in Edmonton, Alberta, we understand that estate disputes stir more than legal issues–they open emotional wounds, fracture family ties, and threaten legacies built over lifetimes.
Our dedicated estate litigation team guides you through these sensitive waters with empathy, legal precision, and a commitment to your peace of mind.
“Estate disputes often leave a legacy of emotional trauma that outlives the legal process”
Why Estate Litigation Is Critical Today
In Alberta, estate litigation is surging: from contested wills and trustee misconduct claims to trust-related conflicts.
Many studies show that the majority of families involved in estate disputes report lasting emotional distress even after judgments. It is also asserted that early intervention and mediation often result in faster resolutions.
Our Seasoned Approach to
Estate Disputes
At Forum Estates LLP, we empower clients with a five-step process:
Empathy First Intake
Rigorous Legal and Factual Analysis
- Will drafting standards under the Wills and Succession Act (Alberta)
- Evidence of undue influence or lack of testamentary capacity
- Trustee duties under Trustee Act, including accounting, impartiality, and beneficiary communications
Strategic Alternate Dispute Resolution (ADR) Initiation
Whether through voluntary mediation or Estate Case Conferences (ECC), we push for early resolution in over 80 percent of cases. Observations from Miller Thomson confirm the Alberta judiciary’s strong support for early ADR in estate matters.
TrialReady and Compassionate Advocacy
Post Judgment Compliance and Settlement
Our support continues beyond the verdict. We oversee implementation, ensuring that trustees account properly, assets are distributed per court orders, or orders are registered and enforced.
What Sets Forum Estates LLP Apart
- Edmonton-Rooted Expertise: Deep knowledge of Alberta estate statutes, court practices, and local judicial personalities
- Interdisciplinary Teamwork: We coordinate with forensics, accountants, and family therapists to support holistic case resolution
- Transparent Engagement: You receive clear budgets, milestones, and outcome scenarios. No surprises, only carefully considered paths forward
Current Legal Environment
What You Must Know
Alberta Litigation Surge
Various legal analyses show that estate-related disputes, alongside class actions, are increasing across Alberta, driven by mounting shareholder activism, trust challenges, and contested wills.
Early Alternate Dispute Resolution and ECC Initiatives
Alberta’s Court of King’s Bench continues embracing Estate Case Conferences (ECCs) to foster early resolution through mediation, pre-trial settlement, and confidentiality protection.
Charter and Open-Court Precedents
Our Process
A Fresh Conflict-Aware Model
Phase 1:
Insight Mapping
Phase 2:
Forensic Assessment
Phase 3:
Strategic Mediation Path
We evaluate the suitability of ADR vs. ECC vs. litigation, pursuing early resolution in most cases. ECC success rates in Alberta frequently range between 60% to 80%.
Phase 4:
Advocating with Precision
If litigation proceeds, we craft compelling briefs that blend law, emotion, and evidence, supported by expert psychological, forensic accounting, and medical opinions when needed.
Phase 5:
Post-Resolution Stewardship
We guide implementation, ensuring orders are enforced, trusts reconciled, accounting fulfilled, and relationships restored.
FAQS
1. What typically triggers estate litigation after someone dies?
Disputes often arise over unclear will language, alleged undue influence, mismanagement by executors, or excluded heirs. In the U.S., only 0.25 to 3% of wills are contested. But because millions of estates go through probate yearly, that still translates into thousands of high-stakes legal battles.
2. How can you prevent an estate dispute before death?
Clarity is key. Use detailed, unmistakable language, name specific trustees or executors, and document your reasoning. Regularly update your plan after major life events. Estate lawyers refer to this as “clear communication,” which significantly reduces conflict risk and litigation expenses.
3. What’s the typical process of estate litigation?
It starts with fact-finding and then proceeds with the mediation or negotiation. Otherwise, the formal court submission and discovery subsequently ensue. Ultimately, a judge renders a judgment. Some cases go on appeal. It is a process that involves several phases that can take months and even years.
4. Are family members able to resolve disputes and not litigate them?
They can. Mediation or arbitration tends to be faster, less antagonistic, as well as less expensive than taking the case to a court. It is often promoted by judges to use the alternative resolution. And even in those families which address the issue, many settle it within the family circle, which relieves a family of the emotional load and monetary expenditure.
5. What do the executors do in the contested wills?
The executor plays the role of protecting the validity of the will, administering estate property and dealing with the claimants. They can be forced to engage a legal representative and be compelled to render very extensive financial accountings; they can be ousted in case they fail to act in their fiduciary roles.
6. Do people regularly challenge wills successfully?
Wills become subject to contest only in a small percentage of cases (estimated as 0.25-3 percent, although much higher rates may occur in some jurisdictions), and will contests can only be filed by the individuals who are specified in the will as having an interest in the testamentary format. Without good evidence of incapacity or coercion, most fail. Wills which are duly made are likely to be followed by the court unless there is overwhelming evidence that they should not be followed.
7. What is the duration of the process of estate litigation?
Timelines differ a lot. One dispute can end after a couple of months, and another one can last for years. Cases between more than two parties or those involving high-value assets are likely to take some time before litigation is completed. The average cost of probate without conflict is 6 to 24 months.
8. What are the common costs of estate litigation?
9. Who can file a claim in estate litigation?
10. Can litigation delay inheritance distribution?
It can. Even asset distribution can be hampered by internal strife, as it may be a result of ongoing legal proceedings, and no judgment will be made until the case is resolved. This kind of procrastination can result in financial loss, especially when the property is part of an estate comprising investments that are in a volatile stage or an estate that is depreciating in value.
11. How do trusts reduce estate litigation risk?
12. When is hiring an estate litigation lawyer essential?
Begin the Healing Journey
Estate disputes don’t have to fracture families or exhaust legacies. At Forum Estates LLP, we offer more than legal counsel; we offer restoration by combining emotional intelligence, forensic precision, and legal rigour to resolve conflict and heal wounds.
