1. What Does Alberta Law Say?

2. Who May Be Able to Bring a Claim?

3. Factors the Court May Consider

4. How the Process Works

5. Common Mistakes

6. Costs and Considerations

7. When Should You Speak With an Estate Lawyer?

8. How Bridgestone Law Can Help

Introduction

Many people assume that a person's will determines exactly who will inherit their estate and in what proportions. While a valid will is generally respected in Alberta, there are circumstances where certain family members or dependants may have the legal right to make a claim against the estate, even if they receive little, or nothing, under the will.

These claims are different from contesting the validity of a will. A family member making a claim against an estate is not necessarily arguing that the will is invalid because of issues such as undue influence or lack of testamentary capacity. Instead, they may be asking the court to order that additional provision be made from the estate because Alberta law recognizes that certain individuals may have legal rights to financial support despite the terms of the will.

Whether a family member can successfully bring a claim depends on several factors, including their relationship to the deceased, the applicable legislation, the nature of the estate, and the specific facts of the case. Not every relative has an automatic right to make a claim, and simply being disappointed with an inheritance is generally not enough.

Estate claims can be legally and emotionally complex, often involving competing interests between executors, beneficiaries, and family members. Understanding who may be entitled to bring a claim, how these claims differ from will challenges, and how Alberta courts approach these disputes can help families better understand their legal rights and responsibilities following the death of a loved one.

What Does Alberta Law Say?

In Alberta, a valid will generally determines how a person's estate will be distributed after death. However, the law also recognizes that, in certain circumstances, some family members or dependants may have the right to ask the Court for financial provision from the estate if they believe they have not been adequately provided for.

These claims are not the same as challenging the validity of a will.

A will challenge argues that the will itself is legally invalid because of issues such as:

• lack of testamentary capacity;

• undue influence;

• fraud or forgery; or

• improper execution.

By contrast, a family member's claim against an estate generally accepts that the will is valid but asks the Court to make a different distribution because of the claimant's legal entitlement under Alberta law.

Who May Be Able to Bring a Claim?

Whether a person can bring a claim depends on the applicable legislation and the specific facts of the case.

Potential claimants may include certain:

• spouses;

• adult interdependent partners;

• dependant children;

• minor children; and

• other individuals who may qualify under Alberta law.

Simply being a sibling, adult child, niece, nephew, cousin, or other relative does not automatically give someone the right to claim against an estate.

The Court will first consider whether the individual has legal standing to bring the claim before considering whether any relief should be granted.

Factors the Court May Consider

When determining whether additional provision should be made from an estate, the Court may consider factors such as:

• the claimant's relationship with the deceased;

• whether the claimant was financially dependent on the deceased;

• the size and nature of the estate;

• the needs and financial circumstances of the claimant;

• the needs of other beneficiaries and dependants;

• the deceased's legal obligations during their lifetime; and

• any other relevant circumstances established by the evidence.

Every case is decided on its own facts.

The Court Balances Competing Interests

Estate claims often involve competing interests.

For example:

• beneficiaries may wish to receive the inheritance provided by the will;

• executors have a duty to administer the estate according to law; and

• eligible family members may seek additional financial support.

The Court's role is to balance these competing interests while applying Alberta's legislation and the evidence presented.

These Claims Do Not Automatically Succeed

Many people assume that any family member can successfully challenge a will or obtain a larger share of the estate.

This is not the case.

A claimant must establish both:

• that they have the legal right to bring the claim; and

• that the facts justify the Court making an order affecting the distribution of the estate.

The Court will not simply rewrite a will because someone is unhappy with the deceased's decisions.

Timing Is Important

Claims against an estate are often subject to strict limitation periods and procedural requirements.

Executors also need to be aware that distributing an estate before potential claims have been resolved may expose the administration to additional complications.

For this reason, both executors and potential claimants should seek legal advice promptly whenever a family member believes they may have a legal claim against an estate. Early advice can help preserve rights, clarify obligations, and often resolve disputes before they become lengthy and expensive litigation.

How the Process Works

Step 1: Determine Whether You May Have a Legal Claim

The first step is determining whether you have the legal right to bring a claim against the estate.

Not every relative can make a claim simply because they are related to the deceased or expected to receive an inheritance.

Instead, the Court will first consider whether you qualify under Alberta law to bring the particular type of claim being advanced.

An estate lawyer can review your relationship to the deceased and explain whether you may have legal standing.

Step 2: Gather the Relevant Evidence

If a potential claim exists, evidence will be required to support it.

Depending on the circumstances, relevant evidence may include:

• the will;

• financial records;

• medical records;

• evidence of financial dependency;

• proof of the relationship between the claimant and the deceased;

• correspondence;

• previous agreements;

• information about the deceased's assets and liabilities; and

• evidence regarding the claimant's financial circumstances.

The type of evidence required will depend on the nature of the claim being made.

Step 3: Commence the Court Proceeding

If appropriate, the claimant may commence a court application or other legal proceeding seeking relief against the estate.

The executor and affected beneficiaries are generally given notice of the claim and an opportunity to respond.

Depending on the issues involved, the matter may include:

• affidavits;

• disclosure of financial records;

• examinations under oath;

• mediation;

• settlement discussions; or

• a trial if the dispute cannot be resolved.

Many estate disputes are resolved through negotiation before reaching a final hearing.

Step 4: The Court Reviews the Evidence

The Court carefully considers all of the circumstances before deciding whether relief should be granted.

Depending on the type of claim, the Court may examine:

• the claimant's financial needs;

• the deceased's legal obligations;

• the size of the estate;

• the interests of other beneficiaries;

• evidence of dependency;

• the terms of the will; and

• any other relevant circumstances.

Each case is decided on its own facts, and no single factor automatically determines the outcome.

Step 5: The Court Makes Its Decision

After reviewing the evidence, the Court may:

• dismiss the claim;

• order additional provision for an eligible claimant;

• approve a negotiated settlement;

• make directions regarding the administration of the estate; or

• issue other orders necessary to ensure the estate is distributed according to Alberta law.

The Court's goal is to apply the law fairly while balancing the rights of the claimant, the beneficiaries, and the deceased's expressed wishes.

Practical Examples

Example One: A Dependant Spouse Brings a Claim

Michael dies leaving the majority of his estate to his adult children from a previous relationship.

His surviving spouse receives very little under the will and believes she has not been adequately provided for.

After obtaining legal advice, she brings a claim seeking additional provision from the estate. The Court considers the parties' financial circumstances, the size of the estate, and Michael's legal obligations before determining whether further provision should be made.

Example Two: A Minor Child Requires Ongoing Support

Sarah dies leaving two young children.

Although the will distributes her estate among several family members, one child has ongoing medical needs and requires significant financial support.

A claim is brought asking the Court to consider whether additional provision should be made from the estate to meet the child's needs.

Example Three: Disappointment Alone Is Not Enough

Robert leaves most of his estate to one daughter who cared for him during the final years of his life.

His adult son, who was financially independent and not dependent upon Robert for support, believes the distribution is unfair and seeks a larger inheritance.

Because the son cannot establish a recognized legal basis for the claim, the Court declines to alter the distribution simply because he is disappointed with the outcome.

Common Mistakes

Assuming Every Family Member Can Make a Claim

One of the most common misconceptions is that any relative can challenge the distribution of an estate simply because they are a family member.

In Alberta, this is not the case.

Whether someone can bring a claim depends on the applicable legislation and the specific facts of the situation. Simply being an adult child, sibling, niece, nephew, or other relative does not automatically create a legal right to receive part of the estate.

Before commencing litigation, it is important to determine whether there is a recognized legal basis for the claim.

Confusing a Family Member's Claim With Contesting a Will

Many people use the terms interchangeably, but they are different legal proceedings.

A will contest challenges the validity of the will itself because of issues such as:

• lack of testamentary capacity;

• undue influence;

• fraud; or

• improper execution.

A family member's claim against an estate generally accepts that the will is valid but asks the Court to make additional provision under Alberta law.

Understanding this distinction is important because different legal tests apply to each type of claim.

Waiting Too Long to Seek Legal Advice

Claims against estates are often subject to limitation periods and procedural requirements.

Delaying legal advice may affect a person's ability to preserve evidence, commence a claim within the required time, or protect their legal rights.

Executors should also be cautious about making final distributions before they are satisfied that potential claims have been addressed.

Assuming the Court Will Rewrite an Unfair Will

Many disappointed beneficiaries believe the Court will redistribute an estate simply because the deceased treated family members unequally.

Generally, Alberta courts respect a person's freedom to decide how their estate will be distributed.

Unless there is a recognized legal basis for intervention, the Court will not alter the deceased's wishes simply because another distribution might appear fairer.

Allowing Family Conflict to Escalate

Estate disputes are often emotionally charged because they arise after the loss of a loved one.

Although some matters require Court proceedings, many can be resolved through early legal advice, negotiation, or mediation.

Addressing concerns promptly may help preserve family relationships while avoiding lengthy and expensive litigation.

Costs and Considerations

Claims against an estate can involve significant legal and financial considerations.

The overall cost will depend on factors such as:

• the complexity of the legal issues;

• the size of the estate;

• the amount of evidence required;

• the number of parties involved;

• whether expert evidence is necessary;

• whether the matter settles through negotiation or mediation; and

• whether a trial is ultimately required.

Potential expenses may include:

• legal fees;

• Court filing fees;

• expert reports where appropriate;

• mediation costs;

• document production expenses; and

• other litigation-related costs.

Not every claim against an estate succeeds.

If the Court concludes there is no legal basis for the claim, the unsuccessful party may, in some circumstances, be ordered to pay a portion of the legal costs incurred by the other parties.

For both executors and potential claimants, obtaining legal advice early can help clarify legal rights, assess the strength of a claim, and often reduce the time and expense associated with estate litigation.

When Should You Speak With an Estate Lawyer?

Professional legal advice may be particularly valuable if:

• you believe you have not been adequately provided for under a will;

• you believe you qualify to bring a dependant or family maintenance claim;

• you are an executor responding to a claim against the estate;

• you are uncertain whether a potential claimant has legal standing;

• beneficiaries are disputing the distribution of the estate;

• you are concerned about limitation periods; or

• you are unsure of your legal rights or obligations.

An experienced estate lawyer can explain the applicable law, assess the strength of a potential claim, protect your interests throughout the process, and help resolve disputes efficiently whenever possible.

How Bridgestone Law Can Help

Claims against an estate require a careful understanding of Alberta's estate laws and the specific facts of each case. While not every family member has the legal right to seek a larger share of an estate, certain spouses, adult interdependent partners, dependants, and other eligible individuals may be entitled to ask the Court for additional provision in appropriate circumstances. Obtaining timely legal advice can help clarify your rights and avoid unnecessary conflict.

Bridgestone Law assists executors, beneficiaries, and family members throughout Calgary and Alberta with estate administration, probate, family maintenance claims, estate litigation, and will disputes. Whether you are considering making a claim against an estate or responding to one as an executor or beneficiary, our experienced estate lawyers can provide practical advice and effective representation tailored to your circumstances.