Estate Litigation

Estate Litigation

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In Ontario, a portion of the population will pass away and these individuals may have property or cash assets which will be gifted by a Will or by the operation of statute (when a Will has not been prepared).

A person who wishes to give affect to a Will must make an Application to the Court. The purpose of the Application to the Court is to ensure that all interested parties are provided with an opportunity to object to the Will and its purported gifts. If a party files an Objection with the Court, a contested estate legal proceeding will be initiated.

The following are some of the common objections made to Wills:

  1. Lack of capacity: The person making the Will did not have the appropriate mental capacity to understand the consequences of the gifts being made at the time the Will was created.
  2. Undue influence: The person making the Will was unduly influenced by an interested party to make a particular gift in the Will.
  3. Failure to provide  for dependants: The person making the Will failed to provide for his or her dependants or failed to adequately provide for the dependants.
  4. Failure to provide for adult independent children:  The parent creating the Will failed to provide any gifts or any portion of his or her estate to his or her adult children or any one of his or her adult children.

Transactions prior to death by Agent or Attorney

Recently, more challenges are being made to transactions made prior to the passing of the deceased. These transactions may include unusually large gifts or transactions which are being undertaken by a person appointed as the attorney under a Power of Attorney. These transactions may be challenged if the transactions are made without fair or adequate compensation.

Consultation

A 1 hour consultation to review the facts of your particular case can be obtained for a cost of $250.00. The purpose of a consultation is to provide a preliminary assessment of your case and potential legal options. Please call us at (613) 544-1482 to arrange your consultation.

Read 2458 times Last modified on Wednesday, 14 January 2015 22:07