Summary
Estate litigation is the resolution of disputes over wills, estates, estate trustees and powers of attorney, such as will challenges, claims by disappointed beneficiaries or dependants, and passing of accounts. Jamal Family Law in Oakville, a boutique firm focused exclusively on family law and estate litigation, represents clients in Oakville and across Halton in will and executor challenges, power of attorney disputes, breach of fiduciary duty actions, elder abuse matters, passing of accounts and guardianship applications.
Estate Litigation Services
At Jamal Family Law, we practise Estate Litigation, a highly complex and sensitive area of law intimately tied to family dynamics. Our dedicated team operates with empathy and prudence, aiming to provide exceptional solutions to our valued clients.
Estate Litigation involves various intricate aspects, and at Jamal Family Law, we make it our priority to stay at the forefront of this ever-evolving field through continuous research and skill development. Our commitment to remaining up-to-date ensures that our clients receive the most informed and effective representation.
Our comprehensive Estate Litigation services encompass a wide range of critical matters, including:
- Disappointed Beneficiaries to a Will: If you feel unfairly treated in a will, we can guide you through the legal process to address your concerns.
- Challenges to Wills and Executors: We provide representation for challenges to the validity of wills and the actions of executors.
- Removing Powers of Attorney: When the need arises to revoke a power of attorney, we assist in taking the necessary legal steps.
- Challenges to Powers of Attorney: If you suspect that a power of attorney is being misused or abused, we can help protect your interests.
- Breach of Fiduciary Duty Actions: We pursue legal action in cases where fiduciaries fail in their duties.
- Investigating Elder Abuse: Our team is dedicated to uncovering instances of elder abuse and pursuing justice on behalf of vulnerable individuals.
- Passing of Accounts: We assist in examining and verifying financial records related to estates, ensuring transparency and accountability.
- Guardianship Applications: If you need to establish or contest guardianship for a loved one, we provide the legal support and guidance required.
At Jamal Family Law, our mission is to advocate vigorously for our clients in Estate Litigation matters while always prioritizing their well-being and best interests. With our experienced and compassionate team by your side, you can navigate the complexities of Estate Litigation with confidence.
Estate litigation: frequently asked questions
On what grounds can a will be challenged in Ontario?
Common grounds include that the person lacked testamentary capacity when making the will, that they were subject to undue influence, that there are suspicious circumstances around the will, or that it was not properly signed and witnessed. Since January 1, 2022, Ontario courts can in some cases validate a will that was not properly executed if it reflects the deceased's intentions.
Can a dependant make a claim if a will leaves them out?
Yes. Under Part V of Ontario's Succession Law Reform Act, a dependant whom the deceased was supporting, or was legally obligated to support, can apply for support from the estate. The application generally must be made within six months after the estate trustee's certificate of appointment is issued.
What options does a surviving married spouse have?
A surviving married spouse can choose to take what the will (or the intestacy rules) gives them, or elect an equalization of net family property under the Family Law Act instead. The election generally must be filed within six months after the spouse's death.
What is a passing of accounts?
It is a court process in which an estate trustee, or an attorney under a power of attorney, presents their accounts for review and approval. Beneficiaries and other interested people can object to transactions or compensation claimed.
Are there deadlines for estate disputes?
Yes, and some are short. Many claims are subject to a two-year limitation period under Ontario's Limitations Act, 2002, and some, such as dependant support claims and a spouse's election, have six-month deadlines. Get legal advice promptly.
This is general information about Ontario law, not legal advice. Every situation is different. Speak with a lawyer about your circumstances.
DO YOU SUSPECT A WILL IS NOT BEING PROPERLY RESPECTED? DO YOU NEED TO BE EMPOWERED TO TAKE CARE OF YOUR LOVED ONES?
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