Barrie Estates Litigation

BARRIE ESTATE LITIGATION LAWYERS

Estate litigation generally refers to legal proceedings to resolve disputes over the assets of a deceased family member. Most often, this involves challenges to a will, either to have it varied or to have it declared void. At Devry Smith Frank LLP (DSF) our extensive experience in developing estate plans, business succession plans, drafting wills and trusts and working with executors, administrators, trustees, guardians and attorneys for property management allows us to provide outstanding advice and guidance when matters become contentious. This could happen when an individual is being left out of a deceased’s will and believes that they are entitled to a share. Our estate litigation lawyers in Barrie are here to act in your best interest and in accordance with the law.

ESTATES LITIGATION DISPUTES

Knowing where to begin in matters of contesting a will can be extremely difficult. DSF estates litigation lawyers have practiced law in the GTA since 1964 and are qualified to advise clients on how to proceed while providing support from start to finish when challenging the validity of a will.

Common estates litigation grounds on which you may challenge the validity of a will include:

1. Compliance: If the will fails to comply with the Succession Law Reform Act, this may be reason to invalidate the document. Ontario requires full compliance with the formalities of execution. Wills prepared by legal professionals will comply with these rules, while a majority of home-made forms do not.
2. Mental and Physical Capacity: Did the deceased have the capacity to make the will? When basing a case on these grounds, it will need to be determined if the deceased was aware of their own property and the fact that the will would be dispersing those assets upon their death.
   Additionally did the deceased have the capacity to understand their obligations  to spouses and children? Expert medical witnesses are required to make these judgements as they will be needed to review medical records and assess the deceased’s mental capacity at the time the will was made.
3. Suspicious Circumstances: This estate litigation argument calls into question whether there were suspicious circumstances surrounding the will including:

•  if the deceased was under the influence of outside sources;
• if a person feels compelled to honour the wishes of someone making a direct or implied threat or attempts to leverage a person’s weakened state to their advantage;
• if a child convinces a parent to remove a sibling from the will; and
• if a Will is signed on the deceased’s death bed leaving everything to a caregiver.

In addition to will challenges, you can rely on DSF’s estate litigation lawyers to handle issues such as:

• Advising estate trustees, executors/administrator/personal representatives, trustees, beneficiaries and family members regarding estate and trust related issues and disputes
• Challenges and Defence of Wills
• Interpretation of Wills and Trusts
• Dependants Support applications under the Succession Law Reform Act
• Passing of Accounts
• Defence of Solicitor’s Negligence
• Mediation and Alternative Dispute Resolution
• Spousal Rights
• Trust Law
• Quantum meruit claims
• Unjust enrichment
• Facilitating mediated settlement of disputes

Why Choose DSF’s Estate Litigation Team?

At DSF, we know that matters of estate litigation often come with a great deal of emotional pain along with legal and financial aspects. For more than 50 years, DSF has handled estate litigation cases with the compassion and expertise required to get our clients the results they deserve. Our estate litigation lawyers in Barrie are always ready to sit down at any time and discuss your legal needs. 

We offer multiple convenient locations in Toronto, Whitby, Barrie and more to better serve our clients. Find the office closest to you by calling us at  416-449-1400 or by visiting our locations page.