Estate / Trust Litigation + Dispute Resolution
Estate / Trust Litigation + Dispute Resolution
News + Views + Events

Estate and trust litigation is a unique and complex area of the law. Estate litigation is also governed by a separate set of procedural rules requiring detailed legal knowledge. Contentious issues often arise at emotionally difficult times and litigation is not always the best solution.

The Estate and Trust Dispute Resolution Team at Field Law has extensive experience working with executors, administrators, attorneys, agents, trustees and beneficiaries in the negotiation, mediation, arbitration and litigation of claims. We have the knowledge and experience to assist you with resolution of a wide range of disputes relating to wills, trusts, and estate administration, including:

  • Challenges to wills due to concerns about capacity, undue influence or suspicious circumstances
  • Will validity and interpretation disputes
  • Challenges to transfers of assets during a person’s lifetime
  • Claims by dependants, family members and adult interdependent (common law) partners
  • Concerns about Enduring Powers of Attorney and Personal Directives
  • Accounting to beneficiaries by executors or administrators of estates, trustees, or attorneys under a power of attorney, including executors’ compensation and passing of accounts
  • Concerns about improper dissipation of estate or trust assets
  • Applications to the Court for advice and direction about estate administration
  • Trust variations
  • Disputes about compensation of trustees, executors, administrators, attorneys and agents

We focus the individual circumstances of each of our clients and the early and practical resolution of claims to minimize costs, while seeking the best possible outcomes. We carefully consider and offer, as may be appropriate, a range of dispute resolution and collaborative alternatives to the traditional litigation process.

Graeff Estate v Huey, 2020 ABQB 262
Splett v Splett, 2017 ABQB 658
Hood v South Calgary Community Church, 2019 ABCA 34
Moore Estate (Re), 2018 ABQB 614
Anderson Estate, 2017 ABQB 422
Brousseau v. Janz Estate, 2014 ABQB 136
Gauchier v Cunningham, 2013 ABQB 713
December 2019
No Life After Death: Woman Loses Battle to Use Deceased Husband’s Sperm
Surviving spouse loses fight to use reproductive material taken from deceased husband due to lack of consent.  In L.T. v D.T. Estate (Re), 2019 BCSC 2130, the BC Supreme Court dealt with a difficult and challenging application advanced by a s...
May 2019
Act On Your Legal Obligations to Avoid Post-Death Disputes
A recent case from the Ontario Superior Court of Justice, Birnie v Birnie, 2019 ONSC 2152, has several important lessons for Canadians when it comes to estate planning.  The case is an important reminder to be aware of your existing legal obligati...
March 2018
Rolling the Dice on Costs of Estate Litigation
Alberta Courts have been busy on the topic of costs in estate litigation in the past few months. Four recent decisions issued out of three judicial centres in Alberta provide a good reminder of just how unpredictable litigation is and the Court’s...
January 2018
Field Law Announces Two Partners
Firm Welcomes Malkit Atwal and Sharon Roberts to its Partnership
EDMONTON – Field Law is pleased to introduce Malkit Atwal and Sharon Roberts as partners of the Firm. The addition of Malkit and Sharon to Field’s partnership is an emblem of the Firm’s growth in 2017, and its continued expansion and ...
October 2017
(Don’t) Live Together, Love Together
A frequent area of estate litigation involves claims by adult interdependent partners against the estates of their deceased partners. An adult interdependent partner is roughly the Alberta equivalent of a common law spouse, but may include other t...