Will interpretation issues will generally arise if there is any ambiguity in a will or the intentions of a testator are unclear. A beneficiary can apply to challenge a will if that beneficiary is displeased with the way in which a will was interpreted by the executor. Executors should consult with an estate lawyer early in order to protect themselves from costly personal liability and prolonged estate litigation.
The team of knowledgeable lawyers at Eisen Law can provide you with the necessary guidance to help you navigate your responsibilities, assist you in making informed and knowledgeable decisions, protect beneficiaries, and avoid significant risk. We have many years of focused and specialized experience as well as significant courtroom experience and can guide you through this often daunting process.
The executor of a will must act prudently and be careful when administering a will, particularly if there is any ambiguity in the document or if interpretation issues arise. If necessary, an executor can bring an application to an Ontario Court to interpret the will. In doing so, the executor may be protected under the Trustee Act. Consulting with an estate lawyer is an important step that an executor should take to protect themselves.
At Eisen Law in Toronto, our knowledgeable and experienced lawyers can help you with any and all issues involved in administering a will or estate. We offer free initial consultations, and will do our best to ensure you can easily access the legal advice that you need. Call us at 416-591-9997 or contact us online.
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Navigating you through all your options, legal rights and obligations
Assisting with carrying out duties for executors
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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
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
The family home can often be one of the most valuable items, both emotionally and financially, in an estate. Determining what will happen to a family home can be an incredibly important aspect of proper estate planning. Of course, in all areas of the law, there are always considerations that can complicate what one thinks … Continued
Beware of the Font Fraudster! He/she is lurking around every corner, or, more fittingly, around ever matter. In McGoey (RE), a commercial litigation matter, a bankrupt telecom executive attempted to shield two properties from creditors by asserting that they were held in trust for his children. There were even trust documents purporting same! The documents … Continued