Estate Litigation

In Ontario, dependent support claims must be filed within 6 months of the estate trustee being appointed. Will challenges based on validity issues may have different time limits depending on the case, but delays can affect your case. It's crucial to act quickly and seek legal advice as soon as concerns arise.

Costs vary depending on complexity and whether the matter settles or goes to trial. We offer flexible fee arrangements including hourly rates and fixed fees. Initial consultations help us provide cost estimates and discuss the most suitable fee structure for your situation.

Yes, many estate disputes are resolved through negotiation, mediation, or other alternative dispute resolution methods. We always explore these options first as they're typically faster, less expensive, and less emotionally draining than court proceedings.

The evidence required depends on the grounds for challenge. This may include medical records (for capacity issues), witness statements (for undue influence), original documents (for fraud), or expert opinions. We'll help identify and gather the necessary evidence to support your case.

Cost awards in estate litigation are complex. Sometimes costs come from the estate, sometimes the losing party pays, and sometimes each party bears their own costs. The court considers factors like the merits of the case and conduct of the parties. We'll discuss potential cost consequences specific to your situation.

Beneficiaries can apply to court to have an executor removed for misconduct, conflict of interest, or inability to act. We can also seek court orders for accounting, freezing of assets, or appointment of a new estate trustee. Quick action is essential to protect estate assets.