- Client ReviewsAre you involved in a dispute over a will, trust, power of attorney, breach of fiduciary duty or another matter having to do with an estate?
These disputes are often complex and can take significant time to resolve, which is why you need experienced legal assistance to protect your rights.
Greg Monforton and Partners has a proven history of advocating for the rights of our clients in Windsor and throughout the province. Our firm has secured results in a variety of cases, and we have extensive knowledge of the relevant laws governing estate litigation matters.
Contact our Windsor estate litigation lawyers today to learn more about how we may be able to assist you with your estate dispute. While we strive to reach a favorable resolution through negotiation, we are also prepared to take matters to court. We advocate for the best interests of our clients every step of the way.
Need assistance with an estate dispute? Call today: (866) 320-4770.
How Greg Monforton and Partners Can Assist You With Estate Disputes
Greg Monforton & Partners provides efficient and comprehensive legal assistance for disputes that involve wills, trusts or estates without a will.
We can assist with disputes brought by:
- Spouses
- Children
- Beneficiaries
- Trustees or executors
- Those with power of attorney
- Elderly individuals who are at risk of being taken advantage of
We can resolve these disputes through negotiations, such as in mediation or arbitration or even in the courtroom.
Some of the disputes we may be able to assist you with include:
- Changes to wills, such as beneficiaries or gifts
- Claims about coercion or undue influence
- Relief claims from dependents
- Misusing power of attorney for personal gain
- Appointment of an incapable adult
- Disputes about joint assets
- Fraud claims against executors or administrators
- Breach of fiduciary duty
- Transfers in co-tenancy agreements
- Conflicts of interest
For more information or to get legal assistance with your will/estate/trust question, please contact us: (866) 320-4770.
What is Estate Litigation?
Estate litigation is focused on resolving disputes related to wills, trusts and estates. These cases could involve issues like validating wills, ensuring proper asset distribution, and protecting heirs’ and beneficiaries’ rights, to name a few.
These cases are often complex and emotional, as families deal with loss while dividing an estate. That is why claimants need an experienced Windsor estate litigation lawyer who can handle your case with the care and support it deserves.
Time is of the essence in an estate dispute. You should seek out a lawyer as soon as possible, as it can make a significant difference in protecting your rights and interests.
Choosing an Estate Litigation Lawyer in Windsor
One of the most important decisions you need to make in an estate dispute is who is going to represent you. These are some of the characteristics to look for in a lawyer:
Knowledge of Estate Law
You need a lawyer who has a deep understanding of the Succession Law Reform Act (SLRA) and relevant case law. Knowledge of these specific laws and regulations helps to protect your rights.
Reputation and References
Choosing a lawyer is often based on recommendations from other lawyers, legal professionals, friends, family members and others who have had positive experiences working a lawyer. Positive recommendations are a strong indicator of a lawyer’s competence, integrity and ability to manage complex legal issues.
Communication Skills
You should opt for a lawyer who communicates clearly and effectively, as estate litigation is often emotionally charged. You want a lawyer who can clearly communicate legal concepts, listen to your concerns and keep you informed at each stage of the legal process. This type of open and clear communication builds trust.
Fees and Costs
Windsor estate litigation lawyers should clearly explain their fee structure and any additional costs that may come with their services.
It is critical to carefully weigh these factors to find a lawyer who you can trust to protect your rights throughout the legal process.
Challenging the Validity of a Will
There are various reasons why you may be able to challenge the validity of a will:
Noncompliance With the Succession Law Reform Act
A will must fully comply with the provisions of the law, otherwise it is invalid. Wills prepared by legal professionals usually comply with these rules.
Improper Signing
The testator must sign the will in the presence of two witnesses, and these witnesses must sign in the presence of each other and the testator.
Lack of Mental or Physical Capacity
The testator must have the mental capacity to understand what he or she is signing. The testator must be aware of his or her property and that the will would disperse those assets after death. The testator must also understand their obligations to spouses and children.
Your lawyer would need to call upon expert medical witnesses to judge whether the testator had the requisite physical and mental capacity.
Undue Influence
Any will created under coercion, manipulation or undue pressure can be contested. Influence of a testator can be physical, emotional or financial. This results in a will that does not reflect the testator’s true intentions.
For example, a testator could be compelled to fulfill the wishes of someone who made a direct or indirect threat, relying on the testator’s weakened state.
Fraud and Forgery
You can contest a will if it was created based on false statements or material omissions, or signatures were forged.
Breach of the Terms of a Mutual Will
Mutual wills are created by two individuals who agree to leave assets to each other. If one party does not fulfill terms that were agreed upon, the will can be challenged.
Claims From Surviving Spouses and Children
Surviving spouses and children can make a variety of claims against a will. A spouse might be able to pursue compensation that equals the value of gifts specified in the will. These dependants might be able to claim financial support or that the will did not fulfill promises made before the testator’s death.
If you are a dependant and believe that the will has not made adequate provision for you, it is crucial to consult an experienced estate litigation lawyer to explore your rights.
Disputes About Owning Joint Assets
Joint assets are those owned by two or more individuals. These assets may include real property, bank accounts, securities and vehicles.
Disagreements over these assets often arise when one owner dies, transfers his or her interest in the property to someone else, or acts in a financially irresponsible way.
These situations raise many complicated questions that can only be answered by a thorough analysis of relevant laws and the details of the situation.
Appointing New Executors or Trustees
This can become particularly contentious, as executors have authority over who will receive benefits/gifts specified in a will. These situations arise after executors or trustees pass away, choose to resign or are asked to step down from their position.
The process of appointing a new executor or trustee is intricate and protracted. You need experienced legal counsel to help ensure your interests are protected.
Estate Litigation Over Breach of Fiduciary Duty
An executor or trustee is bound by a fiduciary duty to act in the best interests of the beneficiaries of the estate. They must prioritize the welfare of the beneficiaries over their own. They are prohibited from exploiting their position to benefit themselves.
Common examples of breach of fiduciary duty may include:
- Self-dealing: For example, an executor could accept unreasonably high fees or purchase estate assets at underinflated prices.
- Mismanagement: An example of this would be failure to maintain accurate financial records.
- Conflict of interest: One type of conflict of interest would be when the executor is also a beneficiary.
- Fraud: Fraud might involve providing false information about the estate assets or even falsifying documents.
Do You Have an Estate Dispute? Call Our Windsor Estate Litigation Lawyers
We understand how complex and emotional these cases can be. Our focus is on protecting your best interests and dealing with the intricate legal issues.
Contact us to discuss how we may be able to assist you in securing a favorable resolution to your case.
Experienced, comprehensive legal assistance for estate dispute cases. Call (866) 320-4770.