This paper provides an overview of how contentious wills and estates matters are litigated in the courts. It includes a summary of the forms required by the court, and the service and notice requirements. It also discusses the interplay of the Alberta Rules of Court and the Surrogate Rules. The remainder of the paper is divided into two parts: pre-death litigation and post-death litigation. In the first part, the litigation processes relating to powers of attorney, personal directives, and applications under the Adult Guardianship and Trusteeship Act are discussed. In the second part, litigation involving joint ownership of assets, caveats, formal proof of a will, and applications under the Wills and Succession Act are considered.

The paper includes a sample Application for Advice and Direction and to Remove a Personal Representative and a sample supporting Affidavit.

This paper is part of a collection presented at LESA’s Estate Litigation Fundamentals program held in Edmonton on April 5, 2017 and in Calgary on April 12, 2017.