Estate Litigation Lawyer

Has someone you loved recently passed away, and you have questions or concerns about what is going to happen with their estate? Forum Law is here to answer your questions and assist you through the process.

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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:

General litigation

Employment law, including wrongful dismissal, employment contracts, and severance packages

Construction and Real Estate Litigation, including Builder’s Liens

Corporate Litigation, including company disputes, director and shareholder rights, and “partnership” disputes

Foreclosures

Debt collection

Contract disputes

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

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.

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.

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.

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.

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