Disputes over a loved one’s estate can be difficult—especially when they involve your siblings. A sibling estate dispute can create stress, delay estate administration, and place strain on family relationships. Fortunately, there are legal approaches available in Canada to help resolve these conflicts, whether through discussion, mediation, or court applications.
Here’s what to know when inheritance disagreements arise between siblings.
Common Reasons Siblings Dispute an Estate
Disagreements often arise when one or more siblings believe the estate was distributed unfairly or that there has been a misunderstanding. Common causes include:
- Unequal inheritances with no explanation in the will
- Concerns about influence or pressure during the creation of the will
- Questions about mental capacity at the time the will was signed
- Disputes with the executor over decision-making or communication
- Unaccounted-for assets or financial discrepancies
- Verbal promises not reflected in the legal documents
Understanding the root of the conflict can help determine which next steps may be appropriate.
Legal Options for Resolving a Sibling Estate Dispute
Several legal processes are available to individuals facing inheritance-related disputes in Canada:
1. Challenging a Will
A will can be challenged under certain conditions, such as:
- The will-maker lacked the legal capacity to create the document
- The will was signed under undue influence or pressure
- There are concerns about fraud or forgery
- The will was not properly witnessed or executed
Each province has specific legal requirements and timelines for bringing these claims, so acting quickly is important.
2. Making a Wills Variation Claim (British Columbia Only)
In BC, the Wills, Estates and Succession Act (WESA) allows adult children and spouses to apply to vary a will if it is believed to be unfair or inadequate. This type of claim does not apply in all provinces.
3. Requesting an Accounting from the Executor
Beneficiaries can request financial records from the executor if there are questions about how the estate is being managed. Courts may intervene if there are signs of delay or mismanagement.
4. Exploring Mediation or Arbitration
In many cases, families choose to resolve matters through mediation—a private and voluntary process where a neutral third party facilitates discussion and problem-solving. Mediation can help preserve family relationships and avoid lengthy court proceedings.
Litigation vs. Mediation
Court proceedings may be necessary when:
- The disagreement is deeply rooted and cannot be resolved informally
- A will is suspected to be invalid
- There are serious concerns about financial decisions or documentation
That said, mediation is often encouraged and may be more appropriate in situations where open communication is still possible.
Getting Legal Support
If you’re involved in a dispute over a parent’s estate, a legal professional can help you:
- Understand your rights and responsibilities
- Review the terms of the will or trust
- Clarify the applicable law in your province
- Determine which legal options are available to you
Legal guidance early in the process can help protect your interests and support a more informed outcome.
Contact One80 Law
If you’re experiencing a sibling estate dispute, legal support may help reduce conflict and clarify your next steps. Call 587-912-1133 or reach out online to arrange a confidential consultation with One80 Law.