When Siblings Fight Over a Will: How Courts Settle Estate Disputes in Alberta
Introduction: Why Disputes Among Siblings Are Common
Losing a parent is one of life’s most painful experiences, and when siblings begin to argue over a will, that grief can quickly turn into confusion and mistrust. You may be caught off guard by how quickly emotions rise, especially if you believed your family was close. In Alberta, it’s not unusual for these disputes to escalate when expectations around inheritance don’t match what’s written in the will.
The Wills and Succession Act provides a legal structure, but each family’s situation is deeply personal. Knowing your rights and how the courts handle estate conflicts can help you move forward with more clarity and less conflict.
Common Reasons Siblings Contest a Will
Siblings often challenge a will because something just doesn’t feel right or fair. Common reasons include:
- Undue influence: One sibling may believe another manipulated the parent into changing the will.
- Lack of capacity: Doubts about whether the parent was mentally sound at the time of signing.
- Unequal shares: When one child receives more than others, resentment can surface.
- Executor issues: A sibling named as executor might be accused of mishandling money or assets.
These kinds of conflicts can put lasting strain on family relationships. Reaching out for legal advice early can help prevent things from escalating and protect everyone’s interests.
When the Law Allows You to Challenge a Will in Alberta
Not every family disagreement over a will ends up in court. In Alberta, you must have clear and lawful reasons to challenge the contents of a will:
- Lack of testamentary capacity: The parent didn’t fully understand what they were doing.
- Undue influence: Pressure or manipulation overrode the parent’s true wishes.
- Issues with how the will was signed: If it wasn’t properly signed or witnessed as required under Alberta law, the court may find it legally invalid.
- Fraud or forgery: The document has been altered or faked.
A gut feeling isn’t enough. The courts need real evidence, medical records, witness accounts, and financial documents to take action.
How Alberta Courts Resolve These Disputes
When families can’t resolve things privately or through mediation, the issue may go to Surrogate Court. The court looks at what the parent intended and whether the estate is being fairly and legally managed.
The process usually involves:
- Filing a claim or response
- Sharing estate and financial records
- Presenting expert and witness testimony
- A judge making a final ruling
The court can change parts of the will, cancel it entirely, or remove an executor who’s acting in bad faith.
Avoiding Prolonged Litigation
Long legal battles can drain everyone emotionally and financially. They can also eat away at the estate itself. That’s why courts prefer that families try mediation first.
At Kolinsky Law, we know how sensitive these situations are. As some of the Best Family Lawyers in Edmonton, Alberta, we help clients reach resolutions that protect their rights and relationships.
The Role of a Lawyer in Will Disputes
Whether disputing a will or defending one, you shouldn’t face it alone. A skilled estate lawyer can:
- Help you understand if your concerns have legal merit.
- Gather and present solid evidence.
- Advocate for you during mediation or trial.
- Ensure the executor follows their legal duties.
At Kolinsky Law, our team, including experienced Edmonton Contested Wills Attorney, understands the emotional complexity of family conflicts. We’re here to guide you, support you, and act when it matters most.
Conclusion: You Don’t Have to Face It Alone
Fighting over a will is painful, especially when it’s family. But Alberta law offers a clear path forward, and you don’t have to navigate it by yourself.
If you’re stuck in a sibling dispute over an estate, we’re here to support you. Contact Kolinsky Law for a confidential consultation. We’ll help you understand your rights and take the next steps with confidence.