Estate Litigation

Sometimes, not everyone is satisfied with the terms of a will, and someone takes legal action to have it changed or declared invalid. Estate litigation can also arise when the actions of an estate trustee are questioned.

The lawyers of Polak McKay & Hawkshaw possess over 65 years of experience drafting and administering estates. With our firm rooted in Ajax, we leverage this experience by providing legal support and advice for individuals who need to resolve issues involving testamentary documents. We represent either side of a litigation dispute, including those who want to contest a will or dispute a trust.

Challenging A Will In Ontario

A will can be challenged on a number of bases, including:

  • Technical criteria, such as witnesses and signatures
  • Undue influence
  • Lack of mental capacity
  • Lack of provisions for dependant spouse or child

The trustee of an estate may be called to account for his or her handling of the estate assets, through the process known as passing of accounts. During this process, a court will verify the estate accounts.

Trustee Disputes

In Ontario, if you have concerns about who was named as the designated trustee of a parent or loved one, you can bring the matter to court and pursue action to amend the designation. We can help you assess the situation, and determine if your claim has valid grounds to pursue legal action, and identify the best options you can pursue.

Contact Us

We invite you to schedule a consultation. Please call us at 289-460-1506 or 800-787-1801 toll free, or contact us online to learn more from our estate lawyers.