Estate Litigation FAQs

Estate Litigation FAQs

Estate litigation can be quite a complicated and sensitive topic, as you try to sort through the estate of a deceased loved one while also grappling with your loss. You probably have a lot of questions, but so do many people who have been in your shoes. Here are some of the most frequent questions surrounding estate litigation that we have encountered:

How Do I Prevent Estate Disputes?

To prevent a dispute over your estate, your best course of action is to plan in advance. Write a valid will, with legal advice from an Ottawa lawyer, and make sure it is witnessed and there is nothing to be contested. Make sure you appoint a trustworthy executor.

Why can a Will Be Contested?

A will may be contested for a wide variety of reasons. For example, there may be evidence that the will was signed under coercion, it was forged, fraudulent, improperly executed, or the testator was unfit to sign the will due to mental incapacity. If you suspect a will is invalid for any of these reasons, contact an Ottawa estate lawyer today.

Do I Need a Probate Lawyer?

If you are navigating an estate dispute, hiring a probate lawyer can be extremely helpful. Estate law is complex, and if you want to ensure your loved one’s wishes are honoured you are wise to enlist the services of a legal expert in estate law. They can assist with interpreting the law, investigating the terms of the will, collecting evidence, and representing your interests in probate court.

What Can I Do If the Executor is Not Following the Deceased’s Wishes?

You can initiate a dispute if you believe that the executor is acting contrary to the wishes of the deceased. Behaviour that can be contested include fraudulent actions, lack of knowledge, failure to act in the best interests of the involved parties, and failure to make payments as outlined in the will. If you suspect this behaviour is happening, contact an Ottawa estate lawyer for legal advice.

Are There Statutes of Limitations for Estate Disputes?

Yes. In the province of Ontario, the limitation period set out by the Limitations Act, 2002 is generally two years from the date of death. This applies to actions like a will challenge, breach of fiduciary duty, fraud/misrepresentation, or actions against executors and administrators. For more information about limitation periods and how they apply to your case, contact an Ottawa estate lawyer from Mullowney’s Law today for a free consultation.