1. What Does Alberta Law Say?

2. How the Process Works

3. Common Mistakes

4. Costs and Considerations

5. When Should You Speak With an Estate Lawyer?

6. How Bridgestone Law Can Help

Introduction

Contesting a will is one of the most common forms of estate litigation, but it is also one of the most misunderstood. Many people believe they can challenge a will simply because they expected a larger inheritance or disagree with the deceased's decisions. In reality, Alberta courts generally respect a person's right to decide how their estate should be distributed, provided the will was made voluntarily and meets the legal requirements for a valid will.

That does not mean a will can never be contested. Alberta law recognizes several specific legal grounds that may justify a challenge. These include concerns about the deceased's mental capacity when the will was signed, allegations that someone exercised undue influence, questions about whether the will was properly executed, or claims involving fraud, forgery, or certain family maintenance rights. Successfully contesting a will requires evidence supporting one or more of these recognized legal grounds rather than simply demonstrating that the outcome seems unfair.

Will disputes often arise during an emotionally difficult time and can involve complex legal and factual issues. Medical records, witness testimony, lawyer's files, previous wills, and other evidence may all play an important role in determining whether a challenge has merit.

Understanding the legal grounds for contesting a will, how Alberta courts assess these claims, and when professional legal advice should be obtained can help executors, beneficiaries, and family members better understand their rights and responsibilities during the estate administration process.

What Does Alberta Law Say?

In Alberta, a will cannot be contested simply because someone is disappointed with the deceased's decisions or believes the distribution of the estate is unfair. The law generally respects a person's right to decide how their property will be distributed after death, provided the will is legally valid and reflects their true intentions.

To successfully contest a will, there must generally be recognized legal grounds supported by evidence. The most common grounds include:

• lack of testamentary capacity;

• undue influence;

• improper execution of the will;

• fraud or forgery;

• suspicious circumstances surrounding the preparation or signing of the will; and

• certain family maintenance and support claims available under Alberta law.

Lack of Testamentary Capacity

A person making a will must have the mental capacity to do so.

Generally, they must understand:

• that they are making a will;

• the nature and extent of their property;

• the people who might reasonably expect to benefit from their estate; and

• how the will distributes their assets.

A medical diagnosis such as dementia does not automatically mean someone lacked testamentary capacity. The court focuses on whether the individual had the necessary understanding at the time the will was signed.

Undue Influence

A will may be challenged if another person improperly influenced the testator's decisions.

Undue influence involves more than offering advice or expressing opinions. The influence must be so significant that it overcomes the testator's own free will, causing them to make decisions they would not otherwise have made.

Courts often examine:

• the relationship between the parties;

• whether the testator was vulnerable or dependent;

• whether the person benefiting from the will was involved in its preparation; and

• whether the terms of the will represent a significant departure from previous estate plans.

Improper Execution

Alberta law establishes formal requirements for executing a valid will.

If those requirements were not satisfied, for example, if the will was not properly signed or witnessed where required, the validity of the will may be questioned.

The specific outcome depends on the circumstances and the applicable legislation.

Fraud or Forgery

Although relatively uncommon, wills may also be challenged where there are allegations that:

• the signature was forged;

• pages were altered after signing;

• the testator was deceived about the nature of the document; or

• another form of fraud affected the preparation or execution of the will.

These cases often require substantial evidence, including expert opinions where appropriate.

Suspicious Circumstances

Sometimes there is no direct evidence of incapacity or undue influence, but the surrounding circumstances raise legitimate concerns.

Examples may include:

• a dramatic change from previous wills;

• a vulnerable testator;

• isolation from family members;

• the primary beneficiary arranging the legal appointment;

• unusual signing circumstances; or

• inconsistencies in the evidence surrounding the preparation of the will.

Where suspicious circumstances exist, the court may require additional evidence before concluding that the will is valid.

Family Maintenance and Support Claims

Some estate disputes do not challenge the validity of the will itself.

Instead, certain family members or dependants may ask the court to order that additional provision be made from the estate if they believe the deceased failed to provide adequate support as required by Alberta law.

These claims are legally distinct from contests based on capacity, undue influence, or improper execution.

Because different legal grounds involve different legal tests and evidence, it is important to identify the specific basis for any challenge before commencing court proceedings. An experienced estate lawyer can help determine whether the available evidence supports a legally recognized claim and advise on the most appropriate course of action.

How the Process Works

Step 1: Identify the Legal Basis for the Challenge

Before contesting a will, the person considering a claim should determine whether there are recognized legal grounds for doing so.

Questions to consider include:

• Did the deceased have the mental capacity to make the will?

• Was the deceased pressured or improperly influenced?

• Was the will executed in accordance with Alberta law?

• Are there signs of fraud or forgery?

• Do suspicious circumstances exist?

• Is there a family maintenance or support claim available?

An estate lawyer can review the circumstances and advise whether the available evidence supports a potential claim.

Step 2: Gather Supporting Evidence

Will contests are decided on evidence, not assumptions or family disagreements.

Depending on the legal issues involved, relevant evidence may include:

• medical records;

• physician assessments;

• the lawyer's file relating to the preparation of the will;

• witness statements;

• previous wills;

• financial records;

• emails and text messages;

• handwriting analysis;

• care records; and

• other documents relating to the deceased's intentions or mental capacity.

The quality and reliability of the evidence often determine whether a challenge is likely to succeed.

Step 3: Commence the Court Proceeding

If there are valid legal grounds, the person contesting the will may commence a court proceeding.

The executor and other interested parties are typically notified of the claim and given an opportunity to respond.

Depending on the circumstances, the litigation may involve:

• filing court documents;

• exchanging evidence;

• affidavits;

• examinations under oath;

• expert reports;

• mediation; or

• a trial if the dispute cannot be resolved.

Many estate disputes settle before trial through negotiation or mediation.

Step 4: The Court Reviews the Evidence

The Court carefully evaluates all of the available evidence before making a decision.

For example:

• capacity claims often rely on medical evidence and testimony from those who knew the deceased;

• undue influence claims focus on the relationship between the deceased and the person alleged to have exerted influence;

• execution challenges examine whether the statutory requirements for a valid will were satisfied; and

• fraud or forgery claims may require expert evidence, including handwriting analysis.

Every case turns on its own facts, and the person bringing the challenge generally bears the burden of proving their claim.

Step 5: The Court Determines the Outcome

After reviewing the evidence, the Court may:

• declare the will valid;

• declare all or part of the will invalid;

• determine that an earlier valid will governs the estate;

• make orders relating to family maintenance or support claims;

• require further evidence before making a final decision; or

• issue other orders necessary to properly administer the estate.

The Court's objective is to ensure that the estate is administered according to the law and, where possible, the deceased's genuine intentions.

Practical Examples

Example One: Capacity Is Successfully Challenged

Margaret signs a new will shortly before her death while receiving treatment for advanced dementia.

Medical records, physician testimony, and evidence from family members indicate that she no longer understood the nature of her estate or the effect of the new will.

After reviewing the evidence, the Court determines that Margaret lacked testamentary capacity when the will was executed, and an earlier valid will is admitted to probate.

Example Two: Undue Influence Is Alleged

Following the death of George, his children discover that a recently hired caregiver has become the primary beneficiary under a new will signed only weeks before his death.

Evidence shows that George had become increasingly dependent on the caregiver, who arranged appointments with the lawyer and was closely involved in the preparation of the will.

The Court carefully reviews the surrounding circumstances to determine whether George acted freely or whether the will resulted from undue influence.

Example Three: A Challenge Based Only on Disappointment

Robert leaves the majority of his estate to one daughter because she cared for him for many years and managed his daily affairs.

His other children believe the distribution is unfair and contest the will solely because they expected to receive equal shares.

The Court concludes that Robert had testamentary capacity, signed the will voluntarily, and properly expressed his wishes. Because there is no evidence supporting a recognized legal ground for contesting the will, the challenge is dismissed.

Common Mistakes

Assuming Any Unfair Will Can Be Contested

One of the most common misconceptions is that a person can contest a will simply because they believe it is unfair.

In Alberta, individuals generally have the right to decide who will inherit their property. A will that treats children unequally, excludes certain relatives, or leaves most of the estate to one beneficiary is not automatically invalid.

A successful will contest requires recognized legal grounds supported by evidence—not simply disappointment with the outcome.

Waiting Too Long to Seek Legal Advice

Will contests are subject to limitation periods and procedural requirements.

Delaying legal advice can make it more difficult to preserve important evidence, obtain medical records, interview witnesses, or protect legal rights.

Anyone who believes they may have grounds to contest a will should seek legal advice as soon as possible after learning of the circumstances giving rise to the claim.

Relying on Suspicion Instead of Evidence

Family members often believe they know what the deceased "really wanted."

However, courts decide will contests based on evidence rather than assumptions.

Medical records, witness testimony, lawyer's notes, financial documents, and previous wills are generally far more persuasive than personal beliefs or family disagreements.

Confusing a Will Contest With a Family Maintenance Claim

Not every estate dispute challenges the validity of the will itself.

Some claims ask the court to declare that the will is invalid because of issues such as lack of capacity or undue influence.

Other claims, such as certain family maintenance and support claims, accept that the will is valid but ask the court to make additional provision from the estate for an eligible family member or dependant.

Understanding the difference between these types of claims is important because each involves different legal tests and remedies.

Allowing Family Conflict to Escalate

Will disputes often arise during an already emotional period following the death of a loved one.

Although some matters require court proceedings, others can be resolved through negotiation or mediation before significant legal costs are incurred.

Obtaining early legal advice may help identify practical solutions that preserve family relationships while protecting everyone's legal rights.

Costs and Considerations

Contesting a will can be both emotionally and financially demanding.

The overall cost will depend on factors such as:

• the complexity of the legal issues;

• the amount of documentary evidence required;

• whether expert witnesses are needed;

• the number of parties involved;

• 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 witness fees;

• medical record costs;

• mediation expenses; and

• costs associated with obtaining evidence.

Not every will contest succeeds.

If the Court determines there are no valid legal grounds for the challenge, the unsuccessful party may, in some circumstances, be ordered to pay some of the legal costs incurred by the other parties.

For this reason, obtaining legal advice before commencing litigation is often one of the most important steps. An experienced estate lawyer can assess the available evidence, explain the legal issues involved, and advise whether the proposed claim has a reasonable likelihood of success.

When Should You Speak With an Estate Lawyer?

Professional legal advice may be particularly valuable if:

• you believe the deceased lacked testamentary capacity;

• you suspect undue influence, fraud, or forgery;

• the validity of the will is in question;

• you believe suspicious circumstances surrounded the preparation of the will;

• you may have a family maintenance or support claim;

• you are an executor responding to a will contest;

• there are multiple competing wills; or

• you are uncertain about your legal rights or obligations.

An experienced estate lawyer can review the evidence, explain your legal options, protect your interests throughout the litigation process, and help determine the most appropriate strategy based on your circumstances.

How Bridgestone Law Can Help

Contesting a will requires more than dissatisfaction with the outcome of an estate. Alberta courts will only intervene where there are recognized legal grounds supported by evidence. Whether the issue involves testamentary capacity, undue influence, improper execution, fraud, or another recognized basis for challenging a will, obtaining legal advice early can help you understand your rights and make informed decisions.

Bridgestone Law assists executors, beneficiaries, and family members throughout Calgary and Alberta with will disputes, estate litigation, probate matters, and estate administration. Whether you are considering contesting a will, defending the validity of a will, or seeking advice regarding your rights after the death of a loved one, our experienced estate lawyers can provide practical guidance and effective representation throughout the process.