Estate Litigation

Estate Litigation

Our experienced estate litigation lawyers can assist with a multitude of issues that may arise after someone passes, from claims against the trustee personally, to challenging a will and, of course, defending these claims as well.

We have estate litigation lawyers available in Mississauga, Richmond Hill, Newmarket and Barrie to assist with the following:

  • Legal proceedings over contested Wills based on lack of testamentary capacity, undue influence, suspicious circumstances, coercion, fraud, or unfit executor(s);
  • Passing of Accounts (by estate trustees, executors, administrators, guardians, attorneys under Power of Attorney, and trustees of inter vivos trusts) to account for the property (i.e., money, real estate, and other assets) of the grantor, donor, testator or mentally incapable individual;
  • Disputes between two or more executors/trustees because they disagree on how to manage the estate’s assets;
  • Disputes between executor(s) and beneficiaries due to mismanagement of the estate’s assets or unfairness;
  • Disputes involving claimants such as estate creditors, family law claimants, and dependents claiming support; and,
  • Disputes between trustees and beneficiaries.

We Assist Claimants In Deciding Whether:

  1. to make an election to receive his or her entitlement following equality of net family properties of the deceased and surviving spouse, OR
  2. to accept his or her interest in the estate of the deceased spouse (e.g., take under the Will or intestacy).

We Also Do:

  • Guardianship Applications (over the person and the property),
  • Power of Attorney disputes regarding capacity issues,
  • Variations of trusts (on behalf of minors or persons under disability) and
  • Family Law Claims that may arise when death causes the separation of spouses.

For more information on Estate Litigation please contact our office for a free half hour initial consultation.