Estate Litigation and Administration

At Procido LLP, we provide skilled support in Estate Administration and Estate Litigation. Estate administration can be complex, and our experienced team helps executors, trustees, and administrators navigate the process, avoiding costly mistakes and personal liability.  When disputes arise, we advocate for clients in matters such as will challenges, undue influence claims, capacity issues, and conflicts between beneficiaries and executors. We focus on practical, cost-effective solutions to reduce stress and preserve family relationships while always being prepared to protect your interests in court when necessary. 

The loss of a loved one is always an emotional and challenging time. Unfortunately, disputes over wills, estates, and other inheritance matters can add stress to an already difficult situation. At Procido LLP, our Estate Litigation Group specializes in helping clients navigate these complex and sensitive disputes with skill and compassion. Whether you need to apply for Letters Probate—to confirm the validity of a will—or Letters of Administration—to manage an estate when there is no will—we are here to guide you through every step. Our experienced team can help you navigate the legal requirements, prepare and file the necessary documents, and ensure the process runs smoothly. We aim to reduce the burden on you during this difficult time, providing clear advice and practical support so you can focus on what matters most.

We bring extensive experience to resolving estate disputes, including contested wills, issues around testamentary capacity, and executor responsibilities. Our team is committed to helping clients resolve conflicts through negotiation, alternative dispute resolution (ADR), or court action when necessary. We are here to guide you through every step of the process.

  1. Disputes Over the Validity of Wills
    • Challenging or defending the validity of wills, codicils, or other testamentary documents under Saskatchewan law, including issues related to undue influence and capacity.
    • Handling claims regarding holograph wills and determining their legal standing.
  2. Testamentary Capacity and Undue Influence
    • Investigating and litigating cases where testamentary capacity is in question, ensuring that the will reflects the genuine intentions of the testator.
    • Addressing claims of undue influence, where an individual may have coerced or manipulated the testator into changing their will or estate plan, particularly with elderly or vulnerable individuals.
  3. Executor and Administrator Disputes
    • Helping executors, administrators, or trustees manage challenges to their authority. We represent estate representatives defending against claims or seeking guidance on how to properly fulfill their duties.
    • Ensuring that executors and administrators are held accountable for their actions, including breaches of fiduciary duty, improper asset distribution, or conflicts of interest as well as failures to act.
  4. Executor Rights and Responsibilities
    • Providing legal guidance on the rights and responsibilities of executors, particularly in contentious estates, and advising on how to balance these duties with the wishes of the beneficiaries and legal obligations.
    • Ensuring executors are acting within their authority and are compliant with Saskatchewan Legislation.
  5. Dependent’s Relief and Claims Against the Estate
    • Representing dependents or spouses in claims for dependent relief under Saskatchewan’s Dependants’ Relief Act. If a will fails to make adequate provision for a spouse, child, or dependent, we help claimants secure what they are legally entitled to from the estate.
    • Assisting in disputes over joint assets, family homes, and other property entitlements under Saskatchewan law.
  6. Resolving Disputes Through Negotiation or Court
    • Estate disputes don’t always have to end up in court. We aim to resolve conflicts through negotiation and alternative dispute resolution, such as mediation and arbitration, which can often save time, money, and emotional distress.
    • However, if litigation becomes necessary, our experienced team is prepared to represent clients in court to protect their rights and resolve the dispute effectively.

Tailored Solutions for Complex Disputes

At Procido LLP, we understand that every estate dispute is unique. Our goal is to resolve your case in a way that minimizes stress and preserves family relationships, where possible. We work closely with you to develop a customized strategy that aligns with your goals, whether through negotiation, alternative dispute resolution, or litigation in the Saskatchewan courts or other jurisdictions across Canada.