Toronto Estate Litigation Lawyers

The loss of a loved one can create emotional, financial and legal concerns. You may be responsible for administering an estate as an executor, administrator or trustee. You may have questions about the validity of a Will, the conduct of an estate trustee or whether you are entitled to receive support or a share of the estate.

Devry Smith Frank LLP’s Toronto estate litigation lawyers represent executors, estate trustees, beneficiaries, dependants, trustees and family members in Will, trust and inheritance disputes. We provide legal advice on contested estates and represent clients through negotiation, mediation and court proceedings.

Estate Litigation Disputes

Estate litigation may arise when there is disagreement about a Will, the distribution of estate assets or the actions of an executor or trustee. Our estate litigation lawyers in Toronto advise clients on the legal options available and the steps required to bring or defend a claim.

Common grounds for challenging the validity of a Will include:

Failure to Meet Legal Requirements

A Will must comply with the legal requirements set out under Ontario law. Questions may arise where the Will was not properly signed or witnessed, or where required formalities were not followed.

The circumstances surrounding the preparation and execution of the Will may need to be reviewed before its validity can be determined.

Lack of Testamentary Capacity

The person making the Will must have had the mental capacity required to make decisions about their estate.

This may include knowing the nature and value of their property, recognizing the people who may expect to benefit from the estate and appreciating how the Will distributes their assets.

Medical records, lawyer files and evidence from witnesses may be relevant when testamentary capacity is disputed.

Undue Influence

A Will may be challenged where another person pressured or coerced the deceased into making decisions that did not reflect their true wishes.

Undue influence claims may arise where someone used threats, dependency, isolation or a position of trust to affect the contents of the Will.

Suspicious Circumstances

Suspicious circumstances may arise where:

• A close family member is unexpectedly removed from the Will
• A caregiver or another person receives a significant benefit
• The deceased was seriously ill or dependent on others when the Will was signed
• A person who benefits from the Will was closely involved in arranging its preparation
• The terms of the Will differ significantly from earlier estate plans

Suspicious circumstances do not automatically invalidate a Will. They may lead to a closer review of whether the deceased knew and approved of its contents.

Estate Litigation Matters We Handle

In addition to Will challenges, our Toronto estate litigation lawyers assist with:

• Advising estate trustees, executors, administrators, beneficiaries, trustees and family members
• Challenging or defending the validity of a Will
• Interpreting Wills and trusts
• Dependants’ support applications under the Succession Law Reform Act
• Executor and estate trustee disputes
• Beneficiary and inheritance disputes
• Passing of accounts proceedings
• Trustee compensation disputes
• Power of attorney disputes
• Spousal claims against an estate
• Trust litigation
• Solicitor negligence claims
• Quantum meruit claims
• Unjust enrichment claims
• Mediation and settlement of estate disputes

Our lawyers act for clients bringing estate claims and for executors, trustees and beneficiaries responding to them.

Executor and Estate Trustee Disputes

Executors and estate trustees have legal duties when administering an estate. Disputes may arise where beneficiaries believe an executor has delayed the administration, failed to provide financial information, mismanaged assets or acted in a conflict of interest.

Our estate litigation team assists with passing of accounts, executor compensation, requests for estate records, claims against trustees and applications to remove or replace an estate trustee.

We also advise executors and trustees about their duties and possible personal liability.

Dependants’ Support Claims

A spouse, child or another qualifying dependant may be able to make a claim where the deceased did not provide adequate support through the Will or estate.

These claims are subject to legal deadlines. Anyone considering a claim should seek legal advice before estate assets are distributed.

Choosing an Estate Litigation Lawyer in Toronto

Devry Smith Frank LLP has served clients across Ontario since 1964. Our estate litigation lawyers act in disputes involving Wills, trusts, executors, beneficiaries and dependants.

We offer convenient locations in Toronto, Whitby, Barrie and more to serve you. Find the office closest to you by calling 416-449-1400 or visiting our locations page.