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.
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:
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.
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.
Advocating for Both Estate Trustees and Beneficiaries in Estates
Providing the Management of Care for Those Who Can’t Care for Themselves
Ensuring Proper Care and Governance for Your Loved Ones
Navigating you through all your options, legal rights and obligations
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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Our partner Holly LeValliant was featured as a speaker at the Ontario Bar Association’s Essential Evidence for Litigators event on April 5. The event was an opportunity for lawyers working in estate law to hear experts in the field speak about a variety of different issues. Holly’s presentation related to the admissibility of business records … Continued
Our partner Holly LeValliant was interviewed in a recent issue of Law Times about a new court decision regarding the division of pre-retirement death benefits in Ontario. In its decision, the court ruled in favour of a disabled daughter receiving a split of her deceased father’s pre-retirement death benefit (which would have otherwise been payable … Continued
It is no surprise that a large proportion of the estate litigation files that we see result from someone who is now incapable or deceased and who waited too long to plan his or her estate, leaving their relatives to deal with the aftermath. What may be less obvious, however, is that a lot of … Continued