Estate Litigation cases can be complex.
It’s important to understand your legal options when it comes to challenging a will or establishing the validity of your claim.
If you believe a loved one has been coerced or manipulated into changing a will they may have been a victim of undue influence.
Bringing a Wills Variation Claim
- Can be pursued when you've been left out of a will or have not received your fair share of an estate.
- The aim is to alter the terms and distribution of the existing will.
Contesting the validity of a will
- Can be pursued when a family member was coerced or did not have the capacity to change their will, and more.
- The aim is to have the will declared invalid.
Initiating an Estate Value Dispute
- Can be pursued when inheriting an estate, professional services are needed to determine what the estate is worth.
- The aim is to ensure beneficiaries receive the full value of what they inherit, including projected earnings of growing assets and businesses.
Other Estate Litigation, Administration, and Probate Issues
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Including but not limited to:
- Defending your share to an estate.
- Replacing a trustee or executor.
- And more.
Quick FAQs
The timeframe for contesting the validity of a will depends on the circumstances and time limits will apply. We recommend booking a free consultation to assess your situation.
Contesting validity of a will pertains to a much wider group than just spouses, biological, or adopted children. If you have interest in an estate, call us to see if your situation qualifies.
Contesting the Validity of a will
- Can be pursued when a family member was coerced or did not have the capacity to change their will, and more.
- The aim is to have the will declared invalid.
An estate includes all of the property that the deceased owned or had an interest including bank accounts, real estate holdings, and personal property such as vehicles, jewelry, and art.
Estates can also include shares in companies or businesses that are growing.
Beneficiaries have 180 days from the grant of probate, not from the date of passing, to bring forward a wills variation claim.
Wills variation claims pertain to a very narrow group that includes spouses and biological or adopted children.
Every case is different. The type of legal fee will depend on your particular situation. You may qualify for our contingency fee option, which means that you do not have to pay a legal fee until your claim is resolved satisfactorily.
Helpforme.ca Resources created by lawyers to help you understand your legal options.
Publicly recorded case examples and outcomes
What are you obliged to leave to family members by law?
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What if you favor one beneficiary over another?
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What if you question the motives of a loved one's marriage?
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Can you justify disinheritance of adult children in your Will?
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Do legal obligations to a spouse compare to moral obligations to a child?
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Can post-death taxes be considered in will variation claims?
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If you and your family members disagree over the value of an estate, you have legal options.
Will I need to go to court if I pursue an estate litigation claim?
Understanding when litigation support may be required in an estate matter.
- Book a free consultation with an Estate Litigation lawyer.
Frequently Used Terms in Estate Litigation
- Executor: The person appointed to carry out the wishes in a will.
- Trustee: The person responsible for managing property held in trust.
- Estate: All the money and property owned by an individual at the time of their death.
- Testator: The person who makes the will (formal term for will-maker).
- Beneficiary: A person who benefits from the will.
- Intestate: When someone dies without a will.
- Probate: The process by which the Court confirms the will to be valid and appoints the Executor(s).
- Grant of Probate: The legal document authorizing an Executor(s) to manage the deceased’s estate in accordance with the provisions of their will.
- Power of Attorney: A Power of Attorney is a document executed by an individual during their lifetime that gives power to someone else to manage their financial and legal affairs. Powers of Attorney can take effect at different times, depending on how they are drafted (for example, if the individual becomes mentally incapable).
The Estate Litigation Handbook
Step-by-Step:
- What is Estate Litigation?
- What are the different types of cases?
- When is an Estate Litigation or estate planning lawyer needed?
- What are the steps to take on an Estate Litigation case?
By Type of Case:
- Challenges to a will
- Challenging the actions of an executor or trustee
- Defensive estate planning techniques
