Skip to content
Vest-Estate-Law-Logo-White
  • Areas of Estate LawExpand
    • Estate AdministrationExpand
      • Grant of Administration
    • Estate PlanningExpand
      • Enduring Power of Attorney
      • Personal Directives
      • Will Planning
    • Estate LitigationExpand
      • Contesting a Will
      • Elder Law
      • Estate Mediation
      • Estates & Trusts
      • Guardianship & Trusteeship
    • Grant of Probate
    • Advanced Care Planning
    • Business Owner Retirement Planning
    • Business Succession Planning
    • Charitable Giving
    • Digital Assets Upon Death
    • Testamentary Trust
  • Locations & TeamExpand
    • Meet Your Team
    • Locations
    • Contact Us
  • Knowledge CentreExpand
    • Alberta Family Law
    • Estate Planning Info
    • Wills Deep Dive
    • Estate Administration
    • Probate Help
    • Calgary Articles
    • Edmonton Articles
    • Vancouver Articles
Get Help Now
Vest-Estate-Law-Logo-White

Estate Litigation and Beneficiary Rights in Alberta

Hours Updated onApril 12, 2023 Categories AB
Estate Litigation and Beneficiary Rights for Alberta Residence

When a loved one passes, in the aftermath it is not uncommon for disputes to arise among family members and beneficiaries of the will.

Because the administration of an estate is a legal process, the beneficiaries have legal rights and some may exercise these estate beneficiary rights in court in the event of perceived injustice.

A personal representative must act honestly and in good faith, and carry out his or her fiduciary duty to all the beneficiaries named in the will. If this is perceived not to be the case with the management of the estate or the distribution of assets, it can spark an estate dispute.

Some matters end up in estate litigation and the personal representative and beneficiary may require the assistance of estate lawyers. This slows down the administration process and may create extra stress for those involved.

What is an estate?

When a person dies, the property and possessions they leave behind are termed their “estate”. For most people, this includes some or all of the following:

  • Bank account savings/cash
  • Investments
  • Real estate
  • Pensions
  • Possessions of value, e.g., vehicles, jewelry, collections, etc.

Who are personal representatives and estate beneficiaries?

The personal representative is the person named in the will tasked with distributing the estate to the beneficiaries according to the provisions made in the will.

The beneficiaries are the recipients of the assets contained in an estate, as identified in the will of the deceased or by the Alberta courts according to the province’s intestacy laws (in cases where no last will is left).

All individuals entitled to a portion of the estate enjoy estate beneficiary rights.

Who receives notice under an estate in Alberta?

Alberta’s Estate Administration Act states that certain people must be made aware or “have a right to notice” when an individual passes away. These include the following people:

  • Immediate family members of the deceased
  • Beneficiaries named in the will
  • The spouse or common-law partner (Adult Independent Partner) of the deceased (if applicable)
  • Trustees or guardians of any persons mentioned above

Any person without a legal interest in the estate has no legal right to be updated by the personal representative of the deceased.

When to send notice: Grant of probate

Notice must normally be provided to those mentioned above when you apply for probate or, in the case of intestacy, when applying for a letter of administration.

If a personal representative administers an estate that does not require probate, notice of this should still be provided to those mentioned at the time of administering the estate.

Estate beneficiary rights in Alberta

Those named in an estate as beneficiaries have a series of legal rights, which can be summarized under four main categories.

1.     Accounting of assets

The personal representative must provide an accounting of the estate to the beneficiaries as part of their fiduciary duty. This should list the assets, debts, and income to the estate. It normally shows how the assets have been dispersed too.

If the personal representative fails to provide accurate accounting and there are deliberate misrepresentations, a beneficiary may hold the representative personally liable and the case can end up in estate litigation.

2.     Regular updates on the estate

Beneficiaries are entitled to regular updates about the progress (or delays) with dispersing the estate.

With any major events such as probate applications or asset liquidation, keeping the beneficiaries informed can help prevent disputes.

3.     Timely distribution of the estate

The personal representative is expected to transfer assets to beneficiaries within a reasonable timeframe.

Intentional delays or negligence in taking the necessary actions can result in a personal representative being held personally liable – and even relieved of their administrative duties.

4.     Fair treatment

All beneficiaries must be treated fairly and equally.

If benefits are afforded to one beneficiary over another or assets are distributed unequally, the personal representative can be accused of not treating all beneficiaries fairly and held liable in court.

Removal of personal representatives/executors

In extreme cases, a personal representative can be removed from his or her role by a beneficiary.

To reach this point, it would need to be proven to the court that the personal representative has failed to act in accordance with the law or the estate.

This can become an intense court trial with both parties represented by lawyers and making a case. It is also possible that an administrator realizes that they don’t have the ability or time to adequately manage the estate and steps down of their own accord.

Generally speaking, the executor may use the estate assets to pay for legal fees while the beneficiary funds the litigation out of their own pocket.

Estate litigation Lawyers Located in Calgary

Estate litigation can involve legal work on behalf of a beneficiary or creditor – or to defend an estate or personal representative.

Some law firms specialize in only representing certain parties, like personal representatives or beneficiaries. Most, however, can act for any party in estate litigation.

As with all legal disputes, a law firm must represent only one party in a dispute to avoid a conflict of interest.

An initial consultation will usually identify your legal rights, obligations and options regarding litigation, as well as answer any questions you may have. This is advisable before escalating any conflict as estate disputes can become protracted and bitter.

Estate litigation is always a big step to take if you feel that you have been treated unfairly.

Whether you are a beneficiary, creditor or personal representative, speak to an estate planning lawyer at Vest Estate Planning in Calgary during a one-on-one case evaluation before deciding what to do next.

Vest AB Map

We currently have three offices across Alberta — Edmonton, Calgary, and Red Deer. However, we serve the entire province of Alberta. We also have the infrastructure to work with any of our clients virtually — even the furthest regions of Alberta.

Call 587-442-3553 [toll free 1-877-448-3131] to get routed to the best office for you or contact us online to schedule an appointment.

We also have a dedicated intake form to help you get the ball rolling. Our intake team will review your specific case and advise you on the next steps to take and what to expect moving forward.

Our offices are generally open 8:30 a.m.—4:30 p.m., Mon—Fri.

Vest-Estate-Law-EndStamp
Colin Flyn - Vest Estate Law

Colin Flynn

WILLS and ESTATES LAWYER

Colin is an estate lawyer practicing in the areas of Estate Litigation and Disputes. He emphasizes developing trusted relationships with his clients, ensuring they feel comfortable and at ease sharing the subtleties of their circumstances.

  • Learn More About Colin
We're here to help you
Landing Page - General

Wills / Estate Planning

Estate Administration (for Executors and Administrators)

Includes all aspects of finalizing an estate, dealing with the assets and debts of an estate and distribution to beneficiaries.
Many personal representatives (executors) request that estate administration lawyers administer the estate for them.

Estate Litigation (Dispute Resolution)

Estate litigation includes dispute of a will,  making a claim against the estate as a spouse of the deceased, disinheritance, or if you think there has been undue influence in the process of making a will.

Our estate litigation lawyers act for personal representatives (executors), administrators, beneficiaries, spouses and adult interdependent partners (“AIP”) of a deceased individual.

Adult Guardianship and Trustee Applications

More Details / Other Concerns

Is there any other information you would like to include? If so, please provide us with a brief description

Recent Posts

  • Can Your BC Estate Collect Child Support After You Pass Away?April 9, 2025
  • Elder Abuse & Neglect Law in BC: Legal GuideApril 8, 2025
  • Alternatives to Wills in BC Estate PlanningApril 7, 2025

Dedicated estate litigators

Whether you need estate mediation or a court decision – Vest has the team to bring you a favourable outcome.

Estate Disputes Happen - Get Help Here
The Canadian Bar Association
Law Society of Alberta
Law Society of British Columbia
Three Best Rated Award
Calgary Best Rated Badge
Protect your estate
Join Team Vest!

We're looking for highly motivated associates to join our busy team.
Vest Estate Law offers competitive compensation and a spirited corporate culture.

Click Here for more info
EDMONTON

Suite 400, 10216 124 Street, Edmonton, Alberta T5N 4A3
Local: (587) 442-3553
Toll-Free: 1 (877) 448-3131

CALGARY

Suite 700, 396 11 Ave SW, Calgary, Alberta T2R 0C5
Local: (403) 226-9757
Toll-Free: 1 (888) 382-0033

VANCOUVER

Suite 301, 134 Abbott Street Vancouver, BC V6B 2K4
Local: (604) 256-7152
Toll-Free: 1 (877) 415-1484

RED DEER

Suite 203, 4807 50 Avenue, Red Deer, Alberta T4N 4A5
Local: (587) 441-3770

MORE

Contact Us
Payments
Privacy Policy
Terms of Use
Disclaimer



© 2025 Vest Estate Lawyers. Vest Estate Lawyers is a registered trade name of Spectrum Family Law LLP / Taylor Janis LLP - Sitemap

Facebook Linkedin Instagram

Do you have an estate issue that requires assistance?

Our estate-focused paralegals are standing by to assist you.

Get Help Here
  • Areas of Estate Law
    • Estate Administration
      • Grant of Administration
    • Estate Planning
      • Enduring Power of Attorney
      • Personal Directives
      • Will Planning
    • Estate Litigation
      • Contesting a Will
      • Elder Law
      • Estate Mediation
      • Estates & Trusts
      • Guardianship & Trusteeship
    • Grant of Probate
    • Advanced Care Planning
    • Business Owner Retirement Planning
    • Business Succession Planning
    • Charitable Giving
    • Digital Assets Upon Death
    • Testamentary Trust
  • Locations & Team
    • Meet Your Team
    • Locations
    • Contact Us
  • Knowledge Centre
    • Alberta Family Law
    • Estate Planning Info
    • Wills Deep Dive
    • Estate Administration
    • Probate Help
    • Calgary Articles
    • Edmonton Articles
    • Vancouver Articles