Estate Litigation - Challenging an Estate

繁體版 | 簡體版

Skilled Guidance for Estate Challenges, Resolutions, and Transactions

 Dealing with estate challenges, resolutions, and transactions requires a knowledgeable legal team that understands the complexities involved. At Landmark Law, we provide comprehensive services in estate law, as well as proficiency in transactions such as mortgages and residential purchase and sale closings. Our experienced lawyers are dedicated to guiding you through the intricacies of these areas, ensuring your interests are protected and your goals are achieved.

Comprehensive Services for Estate Challenges and Resolutions

Landmark Law offers a wide range of services to address estate challenges and resolutions. Whether you're contesting a will, facing issues of undue influence or lack of capacity, or experiencing disputes among beneficiaries, our skilled team is here to assist you. We approach each case with compassion and a commitment to protecting your rights, offering effective strategies to navigate estate challenges and reach resolutions that best serve your interests.

Skilled Estate Litigation Representation

 In the event that estate disputes escalate to litigation, our proficient litigators are prepared to represent you with dedication and know-how. With a successful track record in complex estate litigation cases, we navigate the legal landscape and vigorously advocate for your rights. Our strategic approach, combined with our deep understanding of estate law, empowers us to seek favorable outcomes for our clients through negotiation or in the courtroom.

Mediation and Alternative Dispute Resolution

Resolving estate challenges through mediation or alternative dispute resolution (ADR) can often provide a more amicable and cost-effective approach. Our lawyers excel in facilitating constructive dialogue and guiding parties toward mutually beneficial resolutions. By leveraging our experience in mediation and ADR, we work diligently to find practical solutions that preserve relationships and minimize emotional strain.

Proficiency in Transactions: Mortgages and Residential Purchase and Sale Closings  

Beyond estate matters, Landmark Law also brings proficiency to transactions involving mortgages and residential purchase and sale closings. Our team of professionals has in-depth knowledge of the legal intricacies in these areas. Whether you are a buyer, seller, lender, or borrower, we provide comprehensive legal support to ensure a smooth and secure transaction process. With meticulous attention to detail, we draft and review documents, conduct due diligence, and offer guidance at every step, protecting your interests throughout the transaction.

Why Choose Landmark Law for Estate Challenges, Resolutions, and Transactions?

Comprehensive Services: We offer a full suite of services encompassing estate challenges, resolutions, and transactions. Our team can handle all your legal needs in these areas, providing seamless assistance from start to finish.  

Experience and Proficiency: With years of experience, our lawyers possess extensive knowledge in estate law and transactional work. We stay abreast of legal developments to provide you with the most up-to-date advice and strategies.

Client-Centered Approach: At Landmark Law, we prioritize understanding your unique needs and goals. We provide personalized guidance, actively listening to your concerns and tailoring our services to achieve the best outcomes for you.

Diligence and Dedication: We are committed to meticulous research, attention to detail, and vigorous advocacy. Our lawyers work diligently to protect your rights, address challenges, and deliver effective solutions that meet your objectives.

Discover the Landmark Law Difference

When it comes to estate challenges, resolutions, and transactions, Landmark Law is your trusted legal partner. Contact us today to schedule a consultation with our experienced team. Let us navigate the complexities on your behalf, protect your interests, and ensure your success in these critical areas of law.

Landmark Law offers extensive estate law knowledge, and we provide a cost-effective, practical and interest-based approach to resolving estate disputes.

We provide an interdisciplinary approach to your matter as our firm practices in areas of laws that are interrelated to an estate file, such as real estate and estate administration.

In addition, we are able to advise Estate Trustee and interested parties respecting estate accounts and asset preservation. We review the matter holistically and provide ongoing step-by-step assistance as your matter progresses.

If you, your friends, or your loved ones require assistance, please reach out to Landmark Law as soon as possible.

Landmark Law's Estate Litigation services include:

Dependent Support Claims: Under Ontario’s Succession Law Reform Act, the testator will-maker has the obligation to provide financial support of all dependants who rely on the estate which could include certain family members. In the case that the will-maker has passed away without providing support, those entitled to support can make a dependent support claim and if granted, the estate will be distributed to the dependents first, leaving the remainder for the beneficiaries.

Will Challenges: A person may challenge a Will in court if they have financial interest in the estate of the deceased. It may be challenged based on some the following:

• Lack of capacity: A valid Will requires the testator being aware and approving of everything written. It would be considered invalid if the testator did not have the capacity to comprehend the terms when it was made.
• Undue Influence: If there is evidence that the testator was coerced into doing something against their will by outside influence, the Will would be considered invalid.
• Improper execution: If the Will was not executed properly and did not meet the legal requirements for signing under the Succession Law Reform Act, it will be considered invalid.
• Fraud: If there is evidence shown that all or parts of a Will was based on falsified or forged documents, it will be considered invalid.
• Ambiguity: If the will contains language that is vague and not clear, their intentions cannot be determined resulting in an invalid will.

Estate Trustee Conflicts: Conflicts may arise between trustees, who are appointed to oversee the management of a trust or estate, and the beneficiaries. Conflict between trustees and beneficiaries may not justify removal, but conflict between co-trustees will result in removal as a trustee. If a beneficiary is named a trustee, a conflict of interest may arise where there is a conflict between their personal interests and their duties as trustee. Duties of a trustee include:

• Acting in accordance with the powers granted
• Treating all beneficiaries fairly
• Setting aside personal interests
• Not profiting from decisions made on behalf of the trust

Probate Disputes: A probate is a legal approval process that confirms the validity of a will and the appointment of an estate trustee It’s a process that affects your will after death. An estate trustee is someone who can carry out the terms of your will and look after your assets after your death. Disputes occur when someone takes issue with the way the terms of the will are being handled by the estate trustee such as the division of assets. The estate trustee is both legally and financially responsible for any legal action brought against the estate.

Intestate Complications: When an individual dies without a will, otherwise known as dying “intestate”, things become complicated. Your family and loved ones will not be able to get a hold of your assets. A spouse does not automatically inherit all of the property if there are children involved. Even then, none of them can decide how everything will be divided between the children. Passing away without a will also means you did not appoint an estate trustee, the one who manages the assets after death. The courts will appoint somebody to administer your estate and take care of your affairs. The estate will be distributed according to the established formula and the distribution will be delayed leaving your loved ones to wait.

Passing of Accounts: A passing of accounts is a legal process in which you gain the Court's approval of the estate trustee's accounts. This can happen when a beneficiary or a person with financial interest in an estate requests to do so, or when an estate trustee voluntarily does so. You only need the Courts to approve estate accounts when:

• Minors or mentally incapable beneficiaries are involved;
• Contingent or unascertained beneficiaries are involved;
• The estate trustee is challenged or disputed by a beneficiary, including disputing the amount of the estate trustee’s compensation; or
• When a beneficiary challenges the handling of the estate trustee's estate accounts.

Power of Attorney Disputes: A Power of Attorney is a legal document that a person (a grantor) signs to give another person, or more than one person, the authority to manage a grantor’s money and property on the grantor’s behalf. The person a grantor appoints is called an “attorney”. Issues that can arise in Power of Attorney litigation include:

• Conflict: If more than one attorney is named on a Power of Attorney to act jointly, those individuals might have a dispute with each other as to how the decisions should be made.
• An Improperly Executed Power of Attorney: It is important to ensure that your Power of Attorney is executed properly. Sometimes, although your Power of Attorney is signed and witnessed, it may be that one of the witness signatures is not valid because of the witness’s relationship to the grantor.
• Misuse or Abuse of power: The attorney acting under a Power of Attorney has not complied with his or her duties as set out in the law, has breached his or her fiduciary duties to the grantor, or has been negligent in the performance of his or her role as an attorney.

Estate Litigation Client Kit - Getting Started with Us

• Estate Litigation Client Kit [Click Here]

Podcasts

• Just A Minute - Podcast Episode 20: Ontarian Will in China
• Just a Minute - Podcast Episode 24: Power of Attorneys Dispute Part 1
• Just a Minute - Podcast Episode 25: Power of Attorneys Dispute Part 2
• Just a Minute - Podcast Episode 30: Removal of Estate Trustee Part 1
• Just a Minute - Podcast Episode 31: Removal of Estate Trustee Part 2
• Just a Minute - Podcast Episode 32: A Will Challenge Part 1
• Just a Minute - Podcast Episode 33: A Will Challenge Part 2

Articles

• A Will Challenge
• Power of Attorneys Dispute
• Removal of Estate Trustee
• Using an Ontario will in China

Questions

If you have any questions please email and cc both mike@landmarklaw.ca and winnie@landmarklaw.ca
Click Here to send us an Email!!!