Toronto Estate Litigation Lawyer Assisting Clients Facing Legal Disputes Over Wills or Estates

Family disputes over a deceased loved one’s estate usually mean emotions are running high and your family relationships may be at stake. This can be aggravated when the estate in question has high-value assets, money, or high-dollar real estate properties. A relative may have been promised a share of the assets but ended up being accidentally left out of the will. A trustee or executor may be falling short in fulfilling their duties. Situations like these happen often, but when there is a lot of money at stake, working with an estate litigation law firm with a strong financial focus may be beneficial to help resolve your dispute in the best way possible.

How Can I Challenge a Will in Ontario?

If you have been disappointed that you received much less than you were expecting or were left out of a will, you may wish to launch a challenge in hopes you can get your fair share of the inheritance. However, you must have reasonable grounds to challenge a will — simply being unhappy with what you received is not perceived by the court as a valid reason to initiate a challenge. Some of the grounds for challenging a will include fraud, undue influence, lack of capacity to sign a will, or mistakes (such as an unsigned will).

To initiate a will challenge, you will need a seasoned estate litigation lawyer. Your lawyer will file a notice of objection and the necessary motions to get the court to examine the will. The court will try to ascertain the intentions of the deceased and look into whether the person launching the challenge has legitimate reasons to do so before making a decision.

What Steps Should I Take To Get an Executor or Trustee Removed?

When it comes to trustees and executors, the person appointed for the job has several duties they need to fulfill. These include dealing with all beneficiaries equally and fairly, avoiding conflicts of interest, and managing and distributing the estate to beneficiaries following the will. It is not an easy job, and not everyone is cut out for it.

Anyone with any interest in an estate can apply to have an executor or trustee removed. Courts often want to see proof of the executor’s misconduct or be presented with relevant arguments as to why the executor or trustee should be removed. If you believe you have strong reasons to ask the court to remove an executor, you should consult with an estate litigation lawyer who can advise you on the correct steps to take.

How Can an Equitable Claim Help Me Get My Share of an Inheritance?

An equitable claim differs from a will challenge in the sense that the claim arises from a promise that the decedent may have made to a beneficiary to pass down certain assets or shares of the estate, but that promise was never formalized in writing. The basis of an equitable claim is unfairness in how the assets were divided and can be based on one of four different categories, depending on the reasons that may have triggered the claim.

Things can get a little tenser when the estate you are filing an equitable claim against has a high value. A financial litigation lawyer who focuses on the financial aspects of your claim may be instrumental in helping you obtain your fair share of your loved one’s estate.

Why Should I Work With a Financial Litigation Firm on an Estate Dispute Case?

Estate disputes can quickly grow into an emotionally charged rift among family members. When the estate beneficiaries are arguing about having a high value or many assets, a law firm with vast experience in financial litigation matters can be better suited to handle complex estates. At Financial Litigation, we understand what it takes to resolve a family estate dispute in our client’s favor. If you are currently facing an estate dispute or want to find out if you have a case, contact our legal team at our Toronto office by calling 416-769-4107.