Estate Litigation

We represent Personal Representatives (Executors) when dealing with the Probating of Estates for which they are acting.  We can assist with the settling of claims against an estate by creditors as well as challenges to Wills made by family members or others who have been left out of the Will or feel short changed as a beneficiary.

Challenges to Wills are made where the following may be proven:

• Incapacity
• Undue Influence
• Coercion
• Mistake
• Unequal treatment of beneficiaries
• Failure of proper execution

Challenges can also be made by family members pursuant to the following legislation:

• The Matrimonial Property Act
• The Testators’ Family Maintenance Act

Challenges to Wills must be made within 6 months of the grant of Probate therefore it is important to speak to legal counsel immediately if you feel a challenge or claim may be necessary.