How much does a will dispute cost in Alberta?
This answer covers the law of Alberta.
There is no single price for a will dispute in Alberta, and the cost depends mostly on how far the dispute goes. What your own dispute costs depends on your situation, so it is worth confirming with a lawyer, who can talk through a realistic range once they know your facts.
The steps add up. Filing a caveat to stop a grant from issuing carries a court fee of $300, and it lasts 3 months unless it is discharged, withdrawn or the Court orders otherwise. A contested matter is started by filing Form C1 with an affidavit in Form C2. A formal proof of a will is generally a trial, and the Court may require security for costs in contentious proceedings.
Costs are not only your own. A successful party is generally entitled to a costs award against the unsuccessful party, and in estate matters the Court may order costs to be paid from the estate or by a party. Fees for experts and the effect of settling are things to raise with a lawyer.
Key takeaways
- The cost of a will dispute depends mostly on how far it goes, and a lawyer can give a realistic range once they know your facts.
- Filing a caveat to stop a grant carries a $300 court fee and lasts 3 months unless it is discharged, withdrawn or the Court orders otherwise.
- A formal proof of a will is generally a trial, and the Court may require security for costs in contentious proceedings.
- A successful party is generally entitled to a costs award, and in estate matters the Court may order costs paid from the estate or by a party.