When disputes over trusts arise, they can leave those involved with a mix of stressful emotions and decisions to make. Family dynamics can also be difficult to manage, and with the combination of emotions, as well as money and estate protection, it’s important to have solid legal advice when navigating such disputes. It’s often easy … 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
Please be advised that in an effort to protect our staff, clients and the general public, our lawyers and staff have begun to work remotely from home, to limit the spread of this virus. We remain operational and we will do our best to ensure that your matter is managed in the best possible manner. … Continued
After 100 years – a century – the buried doctrine of unconscionable procurement has been resurrected. Born in England during the 1800’s, the equitable doctrine was used to challenge and undo inter-vivos or lifetime gifts. Moreover, when significant transfers of wealth were made during one’s lifetime, and the following two requirements were met, the law … Continued