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
Skilled Toronto Estate Lawyers for Equitable Claims
Claims against an estate are not limited to beneficiaries. Anyone who believes they should be compensated for time, effort, or contributions they put into caring for a friend or family member or otherwise contributing to the estate may have grounds for an action against that estate. Likewise, debts can be enforced against an estate, even if the debts were not recognized by the deceased prior to their death. If you believe you are entitled to remuneration from an estate, you can bring an equitable trust claim.
Before you take any action however, it is imperative to consult with an experienced estates lawyer. Equitable trust claims require strong technical knowledge of this specialized area of law. The lawyers at Eisen Law in Toronto can determine whether you have grounds to bring a claim, and can assist you in understanding your options, protecting your legal rights, and obtaining the best possible result. As a boutique firm focusing solely on estate litigation, we have many years of specialized experience providing advice and guidance to individuals asserting their rights in estates disputes.
Types of Equitable Trust Claims
There are a number of equitable claims that can be made against an estate to obtain remuneration or another benefit.
Constructive Trusts Claims
In some instances, a court may decide that while property is held in the name of the deceased, another person actually has the right to that property based on the contributions he/she made to it. This is a broad legal remedy available in a number of legal disputes, including estates litigation.
Unjust Enrichment Claims
An unjust enrichment claim can be made against an estate on the basis that the deceased obtained an unfair benefit at the expense of the person making the claim (claimant). The basis of the claim is that the claimant lost money and/or time while the deceased benefited from that loss. The essential argument is that it would not be fair or legally justified for the estate to retain the benefit.
Resulting Trust Claims
In some circumstances, legal title to property may be in the name of one person, but actually belongs to someone else. A legal claim can then be made to have that property “result back” to the rightful owner.
Quantum Meruit Claims
A Latin phrase, quantum meruit, means “as much as deserved”. A claim in quantum meruit is generally an action to recover the reasonable value of services provided by one party to another. In estates litigation, it is a way in which courts compensate a person who has provided services or property to the deceased but who is not subsequently named in the deceased’s will.
Contact the Toronto estate litigation lawyers at Eisen Law for assistance with equitable claims
If you believe you should be entitled to an estate left by a deceased, an equitable claim could be an option. Contact the lawyers at Eisen Law in Toronto for assistance with equitable claims. We can provide you with skilled, knowledgeable advice to help you assert your legal rights. Call us at 416-591-9997 or contact us online to set up a consultation with one of our dedicated and experienced lawyers.
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