Estates litigation involves legal disputes related to the administration of a deceased person’s estate. These disputes can arise for various reasons, including disagreements over the validity of a will, the interpretation of its terms, or the actions of executors and trustees. Our goal is to help you resolve these issues efficiently and amicably whenever possible, but we are fully prepared to advocate for your interests in court if necessary.

Challenging or defending the validity of a will based on factors such as:

• Undue Influence: Situations where the deceased may have been pressured or coerced into making certain provisions.

• Lack of Testamentary Capacity: Assessing whether the deceased was of sound mind when the will was executed.

• Improper Execution: Identifying flaws in how the will was signed or witnessed, which may render it invalid.

• Fraud or Forgery: Investigating allegations that the will was tampered with or not authored by the deceased.

Assisting individuals who were financially dependent on the deceased and have not been adequately provided for in the will:

• Navigating the Succession Law Reform Act: Understanding your rights under Ontario law to claim support.

• Filing Applications: Preparing and submitting the necessary legal documents to assert your claim.

• Negotiation and Mediation: Seeking fair settlements without the need for prolonged litigation.

Resolving conflicts involving the management and distribution of estate assets:

• Breach of Fiduciary Duty: Addressing situations where executors or trustees may have acted improperly.

• Removal of Executors/Trustees: Pursuing legal action to replace an executor or trustee who is not fulfilling their obligations.

• Accounting and Transparency: Ensuring accurate records are kept and beneficiaries are informed.

How long does estates litigation usually take?

The duration of estates litigation can vary widely depending on the complexity of the case and the willingness of parties to negotiate. Some disputes may be resolved in a few months, while others could take years if they proceed to trial.

Can disputes be settled without going to court?

Yes, many estates disputes are resolved through negotiation, mediation, or arbitration. We always explore alternative dispute resolution methods before proceeding to litigation to save you time and expense.

What are the costs involved in estates litigation?

Costs depend on several factors, including the complexity of the case and the length of proceedings. We provide transparent billing practices and can discuss potential costs during a free 30-minute consultation.