In Alberta, there are limited ways in which a Will can be challenged. Claiming a testator did not have the mental capacity to execute a Will is one of the ways.
Who Can Challenge a Will?
Typically, the categories of individuals who can contest a Will are:
- A surviving spouse
- A surviving Adult interdependent (common law) partner who was in a relationship of interdependence with the deceased a minimum of three years before the deceased's passing;
- Dependant adult children;
- Minor children;
- Attorneys, under an enduring power of attorney, on behalf of an incapacitated donor;
- Trustees for represented adults;
- A person who may have been a beneficiary under a priorWill;
- A personal representative named under a prior Will
- Beneficiaries on an intestacy if a Will is determined to be invalid.
Challenging, or contesting, a Will in Alberta is a complex matter and will challenges must be brought within six months of the date of the grant of probate.
Kantor LLP has extensive experience successfully challenging Wills on behalf of our clients.
If you are considering challenging a Will, please contact our office and one of our experienced lawyers will assess your situation and provide further information on your legal options.
Initial consultations are free of charge.