Durham Estate Litigation Lawyers

Effective Resolution Of Will Disputes

An individual's will is usually an expression of his or her wishes, specifically with regards to who should inherit the estate left behind. Sometimes, not everyone is satisfied with the terms of a will, and someone takes legal action to have it changed or declared invalid. Similarly, estate litigation can arise when the actions of an estate trustee are questioned.

The litigation experience of our lawyers at Polak McKay & Hawkshaw is extensive. Over a long tenure in Ajax, we have appeared at all levels of Ontario courts, including the Ontario Court of Appeal. 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

In addition to not meeting technical criteria, such as witnesses and signatures, a will can be challenged on a number of bases. Its creator must have written the document freely, without undue influence, and had the mental wherewithal to understand what he or she was signing and what it meant. Therefore, will challenges may be based on:

  • 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.

Trust Disputes

In Ontario, it is possible to change any aspect of a trust, including removal of the trustee. If this is an issue that concerns you, please contact us. We will discuss your options further.

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.