Estate Litigation Lawyer in Scarborough & Toronto

What's Included

Our estate litigation practice covers the full scope of work most clients need:

• Will validity challenges (capacity, undue influence)
• Dependant's support claims
• Passing of accounts
• Removal of estate trustees
• Power of attorney disputes
• Variation of trusts
• Beneficiary disputes

What to Bring

• The will and any prior wills
• Capacity-related medical records
• Communications with the deceased
• Estate accounts
• Beneficiary correspondence

Don't have everything ready? Send what you have and we'll guide you through the rest.

Estate Litigation Lawyers in Toronto & the GTA

Estate litigation covers every dispute that can arise around a Will, a power of attorney or the conduct of an estate trustee. The files are emotionally charged, legally technical and very often time-sensitive. Our litigators act for beneficiaries, dependants, executors and attorneys for property in disputes across Toronto, Scarborough and the broader GTA.

Will challenges

An Ontario Will can be challenged on several grounds:

• Lack of testamentary capacity — the testator did not understand the nature of the act, the extent of their property, or who had a moral claim on them.
• Undue influence — a person in a position of trust coerced the testator's free will.
• Lack of knowledge and approval — the testator did not actually know and approve the contents of the Will, often raised where suspicious circumstances are present.
• Improper execution — the Will did not meet the formal signing and witnessing requirements of the Succession Law Reform Act.

The first procedural step is usually a Notice of Objection filed with the Estates Court, which freezes the probate application while the challenge is investigated.

Dependant's support claims

If the deceased had a legal or moral obligation to support you and the Will (or intestacy) failed to make adequate provision, you may be entitled to bring a dependant's support claim under Part V of the Succession Law Reform Act. The deadline is strict — six months from the issuing of the Certificate of Appointment — so legal advice should be sought immediately.

Passing of accounts and removal of trustees

Beneficiaries are entitled to a full and proper accounting of what an estate trustee or attorney for property has done. Where the accounts are not provided or are obviously wrong, an application to compel a passing of accounts or to remove the trustee is available. We have run trustee-removal applications based on conflicts of interest, breach of trust, conversion of estate assets and persistent failure to communicate.

Power of attorney disputes

Many of the worst estate disputes start before death — with an aging parent whose attorney for property has been transferring money to themselves or isolating other family members. The Substitute Decisions Act creates remedies including accounting, removal and damages, and the Office of the Public Guardian and Trustee can investigate where capacity is in question.

If something doesn't look right with a Will, an estate or a power of attorney, call us promptly. Limitation periods in estate litigation are short and unforgiving.