Contesting a Will Due to Testamentary Incapacity in Alberta

Contesting a Will Due to Testamentary Incapacity in Alberta

Indotribun.id – Contesting a Will Due to Testamentary Incapacity in Alberta. When a loved one passes away, the distribution of their estate through a will is meant to be a clear and orderly process. However, in Alberta, as in many jurisdictions, a will can be challenged if there are grounds to believe the testator (the person who made the will) lacked the mental capacity to understand their actions at the time the will was created. Contesting a will due to testamentary incapacity is a complex legal process, often requiring the expertise of a qualified estate litigation lawyer.

Understanding Testamentary Incapacity in Alberta

For a will to be legally valid in Alberta, the testator must have possessed testamentary capacity. This is not simply about being healthy or lucid at all times. The legal test for testamentary capacity, established in the landmark case of Banks v Goodfellow and adopted in Alberta, has three core components:

1. Understanding the Nature and Effect of Their Will: The testator must comprehend that they are making a will, that it dictates how their assets will be distributed after their death, and the general nature of the property they possess. This doesn’t require them to know the exact value of every asset, but rather to have a fair understanding of their estate’s scope.
2. Understanding the Claims of Potential Beneficiaries: The testator must be aware of the individuals who might reasonably expect to inherit from them, such as close family members. They need to understand who these people are and their relationship to them.
3. Not Suffering from Delusions or Disorders of the Mind that Influence Their Will: This is a crucial element. The testator’s decisions regarding their will must not be driven by irrational beliefs, hallucinations, or mental disorders that warp their judgment or cause them to disinherit deserving beneficiaries or favour undeserving ones without rational explanation.

When Can a Will Be Contested for Incapacity?

Contesting a will due to testamentary incapacity is not a decision to be taken lightly. It requires substantial evidence to prove that the testator did not meet the legal test for capacity at the specific time the will was executed. Simply disagreeing with the contents of the will or believing the distribution is unfair is generally not sufficient grounds for challenging it.

Common scenarios where testamentary incapacity might be raised include:

• Dementia or Alzheimer’s Disease: If the testator was diagnosed with a progressive cognitive impairment that affected their mental faculties at the time of signing.
• Mental Illness: Conditions like severe depression, paranoia, or other psychiatric disorders that impacted their ability to reason and make rational decisions.
• Influence of Medication or Substances: While not always leading to incapacity, the effects of certain medications or substance abuse could, in some cases, render a person unable to understand the nature of their will.
• Significant Age-Related Cognitive Decline: Even without a formal diagnosis, severe age-related cognitive decline can impair testamentary capacity.

The Legal Process of Contesting a Will in Alberta

Challenging a will involves initiating legal proceedings in the Court of Queen’s Bench of Alberta. The process typically involves:

1. Gathering Evidence: This is the most critical stage. It may include:
   • Medical Records: Obtaining the testator’s medical history, including doctor’s notes, diagnoses, and prescriptions from around the time the will was made.
   • Witness Testimony: Speaking with individuals who had contact with the testator, such as doctors, nurses, caregivers, friends, and family members, to gauge their observations of the testator’s mental state.
   • Expert Opinions: Engaging medical professionals, such as geriatric psychiatrists or neurologists, to provide expert opinions on the testator’s cognitive abilities based on available evidence.
   • Previous Wills: Comparing the challenged will with earlier wills can sometimes reveal significant and unexplained changes that might indicate a lack of capacity.
2. Filing a Statement of Claim: If sufficient evidence suggests a valid basis for the challenge, a statement of claim is filed with the court, outlining the grounds for contesting the will and the relief sought (e.g., declaring the will invalid).
3. Serving the Executor and Beneficiaries: The executor of the will and all beneficiaries named in the will must be formally notified of the legal challenge.
4. Discovery Process: Both sides will exchange documents and information, and may conduct examinations for discovery (oral questioning under oath) to gather further evidence.
5. Mediation or Settlement: Many will challenges are resolved through negotiation or mediation outside of court to avoid the expense and emotional toll of a full trial.
6. Trial: If a settlement cannot be reached, the matter will proceed to trial, where a judge will hear evidence and make a final decision on the validity of the will.

Key Considerations for Will Contests in Alberta

• Time Limits: While Alberta law generally has a limitation period for bringing legal actions, it is crucial to consult with an estate litigation lawyer as soon as possible after learning of a will you wish to contest. Delays can prejudice your case.
• Burden of Proof: Generally, the person challenging the will bears the burden of proving that the testator lacked testamentary capacity.
• Costs: Will contests can be expensive. The court has discretion to award costs against the losing party, but this is not always the case, especially if the challenge was brought in good faith.
• Executor’s Role: The executor has a duty to defend the will. If the will is found to be invalid, they may be removed and replaced.

Seeking Legal Advice

Contesting a will due to testamentary incapacity is a significant undertaking. It is imperative to seek advice from an experienced estate litigation lawyer in Alberta. They can assess the strength of your case, guide you through the complex legal procedures, and represent your interests effectively.

Frequently Asked Questions (FAQ)

1. How do I prove my loved one lacked testamentary capacity when they made their will?

Proving testamentary incapacity requires demonstrating that the testator did not understand the nature of their will, the claims of potential beneficiaries, or was influenced by delusions at the time of execution. This typically involves gathering medical records, obtaining expert opinions from medical professionals, and collecting witness testimony from those who interacted with the testator around the time the will was made. Your lawyer will guide you on what specific evidence is most relevant.

2. What are the time limits for contesting a will in Alberta?

While there isn’t a strict, universally published deadline for contesting a will solely due to testamentary incapacity immediately after death, it is highly advisable to act promptly. The longer you wait, the more difficult it can be to gather fresh evidence, and legal principles like acquiescence or delay can impact your ability to challenge the will. Consult an estate litigation lawyer as soon as possible to understand the specific time considerations for your situation.

3. If I successfully contest the will, what happens to the estate?

If a will is successfully contested and declared invalid due to testamentary incapacity, the estate will typically be distributed according to the laws of intestacy in Alberta. This means the estate will be divided among the deceased’s closest living relatives (spouse, children, parents, siblings, etc.) according to a statutory formula. Alternatively, if the testator had a previous valid will, that earlier will might be revived and probated.

Heri Setiawan

As an experienced entrepreneur with a solid foundation in banking and finance, I am currently leading innovative strategies as President Director at my company. Passionate about driving growth and fostering teamwork, I’m dedicated to shaping the future of business.