What this practice covers
Drury accepts select estate litigation matters in Alberta and Ontario. The firm’s litigation approach is suited to disputes where the issues are fact-heavy, financially significant or require careful treatment of records, credibility and interim court remedies.
Will challenges
Disputes concerning validity, execution, testamentary capacity, knowledge and approval, or alleged undue influence.
Dependant or family-maintenance claims
Claims by family members or dependants who allege that a will or intestacy does not make adequate provision for them under applicable legislation.
Executor and trustee disputes
Questions concerning accounting, delay, conflicts, use of estate assets, removal or replacement, and the proper exercise of fiduciary powers.
Contested administration
Disputes over who should administer an estate, grants of probate or administration, competing claims and procedural steps needed to preserve the estate.
Inter vivos transfers and ownership
Disputes over joint accounts, beneficiary designations, gifts, resulting trust claims and ownership of assets transferred before death.
Interim and preservation orders
Situations where assets, records or the status quo may need to be protected while the underlying dispute is decided.
How the dispute is framed
The first task in many estate disputes is to identify the governing documents, assemble the surrounding evidence and determine who bears the legal burden on each issue. Medical records, drafting-solicitor files, financial records, communications and evidence about the deceased’s relationships and intentions can become important.
Alberta and Ontario
Estate law differs between Alberta and Ontario. Alberta’s Wills and Succession Act addresses wills, intestacy and family-maintenance issues, while Ontario uses legislation including the Succession Law Reform Act, Estates Act and Trustee Act. The correct claim and limitation period depend on the province and the nature of the dispute.
Questions clients often ask
What can make a will invalid?
Potential grounds can include lack of testamentary capacity, failure to meet execution requirements, lack of knowledge and approval, or undue influence. Whether a challenge is viable depends on the evidence.
Can an executor be required to account?
Executors and estate trustees have fiduciary obligations and may be required to account for their administration. The available process and remedy depend on the jurisdiction and circumstances.
Can a person challenge a transfer made before death?
Sometimes. Joint ownership, gifts, beneficiary designations and other transfers can raise questions about intention, capacity, undue influence or beneficial ownership.
When should estate litigation counsel be involved?
Early advice is useful where there is a threatened distribution, uncertainty about limitation periods, concern about records or assets, or a dispute about who has authority to administer the estate.