Service Overview
Focused legal support for estate litigation
Disputes involving wills, trusts, and estate administration can create painful family conflict and significant financial consequences. Estate litigation often requires both sensitivity and decisive legal action, especially where a party believes the deceased person’s true intentions were not respected or the estate is not being administered properly.
Our office assists clients in estate-related disputes involving the validity of a will, the conduct of an estate trustee, or claims for support from the estate.
Common grounds for challenging a will
A will challenge may be based on issues such as:
- Lack of testamentary capacity
- Undue influence by a caregiver, relative, or other person
- Improper execution or witnessing formalities
- Fraud or forgery
Disputes involving estate trustees
Even where the will itself is valid, conflict can arise over the conduct of the estate trustee. These disputes may involve:
- Alleged breach of fiduciary duty
- Misuse or waste of estate funds
- A passing of accounts application
- Removal or replacement of the estate trustee
Dependants’ support claims
Ontario law also allows certain family members to seek adequate support from the estate in appropriate cases, even where the will says otherwise. Because estate disputes are subject to limitation periods and can escalate quickly, early advice is often important.