Estate Litigation Lawyer Edmonton
At Forum Law, our team of estate litigation lawyers have many years of experience to assist those going through an estate dispute. We understand how dynamic and contentious estate matters are. Our estate litigation lawyers have handled high-value and complex estate matters that require dispute resolution and court proceedings. Whether you are an estate trustee, executor, beneficiary, or another party, our estate litigation team can provide you with cost-effective legal advice for your estate litigation dispute. We are here for you at every stage of your claim and work hard to devise solutions that best represent your interests and needs.
What is Estate Litigation?
Estate litigation is a legal process that follows the loss of a loved one, or when capacity issues of an elderly family member become discernable. In most cases, disputes arise when someone contests a will. These disputes tend to be emotional, so having an unbiased representative to discuss your options and provide advice on these interpersonal issues can make all the difference.
It is crucial to hire an estate lawyer as early as possible, as they will ensure your rights are protected and provide guidance on a variety of challenges, including:
- Will interpretations
- Will disputes
- Relief claims
- Capacity issues
What are the Types of Estate and Trust Disputes?
Estate and trust disputes are complex and arise in many situations. Below is a non-exhaustive list of the types of estate and trust disputes that our estate litigation lawyers have assisted clients with:
- Will and trust interpretations
- Challenges to wills
- Trust variations
- Guardianship matters
- Incapacity claims
- Dependent support and relief claims
- Confirming the validity of a will
- Executor compensation
- Quantum merit claims
- Removing an estate trustee/ executor
- Distribution of assets
- Transfer of property or gifts
- Estate liquidity problems
- Acting for omitted family members or third parties
Breach of duty by executor
Who Our Estate Litigation Lawyer in Edmonton Represent
Our team of experienced lawyers act for the estate itself, beneficiaries, and other interested parties. We assist clients in the following ways:
Estate
When representing an estate, our estate litigation lawyers will act in the best interest of the estate. The executor of a will has a duty to follow the wishes of the deceased. It is important for the executor to defend the estate by retaining an experienced lawyer. Our estate litigation lawyers are experienced in defending an estate in, but not limited to, the following situations:
- Interpreting the will
- Ascertaining the validity of a will
- Claims for increased shares in the estate
- Management of the assets
- Defending how the division of assets take place
- Litigating family issues concerning the estate
Beneficiaries
A beneficiary is a person or entity named in the will to receive assets belonging to another in the event of their death. Our estate litigation lawyers ensure the rights of beneficiaries are protected. Examples of issues our lawyers have handled include:
- Ascertaining the validity of a will
- Appealing the distribution of assets
- Securing assets
- Claiming an increased share in the estate
- Appealing the management of assets in the estate
Other interested parties
Oftentimes third parties, not named in the will, believe that they should receive a benefit from the estate. Whether the claim is for a child, spouse, partner, family member, or other dependent, our estate litigation lawyers will defend to protect your interests. Third party claims to an estate often involve the following:
- Ascertaining the validity of a will
- Individuals disinherited from the will
- Dependents requiring more financial support than provided in the will
- Appealing the distribution of assets
How Our Edmonton Estate Litigation Lawyer Can Help
Our estate litigation team is experienced and can assist you with all of your estates needs across the Province of Alberta. Whether you are looking for representation as a beneficiary, the estate itself, or another interested third party, our estate lawyers are here to help. We will help you identify any legal issues, provide legal advice, and commit to finding you the best resolution. We will assist you at each stage of this difficult and unfortunate situation, and ensure your interests are protected. Call Forum Law today to book a consultation with a member of our estate litigation team.
Services we provide
Civil Litigation also involves various statutory timelines that could have a significant impact on your ability to sue or defend a lawsuit. Do not wait to contact our team to determine if a civil litigator is right for you.
We represent both Plaintiffs and Defendants for the following services:
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General litigation
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Corporate Litigation, including company disputes, director and shareholder rights, and “partnership” disputes
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Debt collection
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Employment law, including wrongful dismissal, employment contracts, and severance packages
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Foreclosures
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Contract disputes
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Construction and Real Estate Litigation, including Builder’s Liens
Common Types of Small Business Lawsuits
- Breach of Contract
- Disputes with employees
- Intellectual Property Infringement
- Product Liability
- Breach of Contract
- Disputes with employees
- Intellectual Property Infringement
- Product Liability
Civil lawsuits typically touch on issues involving breach of contract, commercial litigation, debt collection, property dispute, or perhaps a contractor who has not been paid for the work completed.
If you are served with a Statement of Claim or are contemplating filing a civil action, please make it a point to talk to Forum Law before you take any further action.
Steps in Civil Litigation
01 / Preliminary
As a preliminary step, you may want to get the best advice on what kind of claim you can file in court or whether you even have a claim at all. After that preliminary advice, you may then be advised to file your complaint in court. The complaint in a civil process and the type of statements or counter statements that could be filed to explain your case are known in law as pleadings.
02 / Discovery
This refers to the formal process the parties to a lawsuit go through to exchange documents about the witnesses and evidence they will present at the trial. This furnishes the parties with information about evidence the other side intends to rely on to prove their case in court. At this stage, depositions or sworn out of court oral testimonies may be needed. Forum Law can you navigate through this process.
03 / Trial
The parties are required to present the facts of the case to the court. The rules of court stipulate what kind of evidence is acceptable. There are boundaries both parties cannot cross and when these boundaries are not adhered to, the evidence may be excluded by the court.
04 / The Verdict
During civil cases sometimes tried with a jury, the jury ultimately determines who gets to win or lose and any resulting liability or damages. The jury in such instances determines the relevant facts and law before reaching a final verdict.
BUSINESS CIVIL LAW LITIGATORS
We are law litigators who have appeared in all three levels of Alberta courts: Provincial Court, Court of Queen’s Bench, and Court of Appeal. Our lawyers have nearly 60 years of courtroom experience between them and frequently appear before prominent Alberta judges.
Key Steps of Our Legal Process
1. Call Us
Speak with our knowledgeable staff and provide background information
2. Talk to us
Gain an understanding of our services and pricing models and learn how we can help
3. Retain Us
Make the choice to work with Forum Law Group as your lawyers
4. We Get to Work
We start working on getting you the resolutions you need
Other law practices
At Forum Law, we specialize in a wide range of differing law practices.