The creation of a well-designed estate plan is key in minimizing the likelihood of estate litigation in the unfortunate event of their death. Failing to properly plan what will happen to your property upon your death can result in conflicts amongst your family members and loved ones. A recent decision from the Ontario Superior Court … Continued
Knowledgeable Toronto Estate Lawyers providing Legal Advice for Executors Defending Will Challenges
If you are an executor of an estate the last thing you want to think about in the course of carrying out your duties and responsibilities is someone contesting or challenging the will. Will challenges can be a difficult and frustrating situation during a time that is already emotionally fraught and stressful.
At Eisen Law, our experienced and knowledgeable estate lawyers can assist with defending a will in court and can ensure all of a testator’s wishes have been carried out. We have significant courtroom experience and regularly appear at all levels of court, including Superior Court, Divisional Court, and the Ontario Court of Appeal.
Are you an executor of a will that is being challenged?
Anyone with a financial interest in an estate can bring an application to court to contest or challenge a will. Dissatisfied or disgruntled beneficiaries or would-be beneficiaries can bring a claim on one of three commonly cited grounds:
- Formal requirements not met;
- Lack of testamentary or mental Capacity;
- Undue influence.
Defending a will challenge can be a long, expensive, and drawn out process. If you are an executor of an estate that is being challenged or contested, it is crucial to obtain legal counsel early to ensure that your interests are safeguarded, that the interests of the estate are protected, and that potential legal risks to yourself and to the estate have been mitigated.
For advice and guidance on defending will challenges contact Eisen Law
Contact the estate litigation lawyers at Eisen Law in Toronto to learn how our knowledgeable lawyers will provide you with the peace of mind that comes with knowing the best possible resolution of your estate matter was reached and that the wishes of the testator have been protected. Call us at 416-591-9997 for a free initial consultation or contact us online.
Estates & Trusts
Advocating for Both Estate Trustees and Beneficiaries in Estates
Providing the Management of Care for Those Who Can’t Care for Themselves
Powers of Attorney
Ensuring Proper Care and Governance for Your Loved Ones
Navigating you through all your options, legal rights and obligations
Probate & Estate Administration
Assisting with carrying out duties for executors
Mediation Can Dramatically Reduce Time, Cost, and Stress
Eisen Law provides the experience, expertise and compassion needed to navigate through a difficult journey.
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Latest news and posts from the Eisen Law blog
When people think about estate disputes it is common to think about family members disagreeing about the distribution of an estate. However, estate litigation can also arise from business relationships. This was the case in a recent case heard before the Ontario Court of Appeal where the business partner of the deceased pursued an action. … Continued
Our partner Holly LeValliant gave a talk on in terrorem clauses at the Six Minute Estate Lawyer event held by the Law Society on April 29th. In plain English, in terrorem clauses are stipulations in Wills that make bequests conditional upon the recipient not taking certain actions. They are most often used to prevent beneficiaries from challenging … Continued