The death of a loved one is a painful and stressful event. Ideally, the deceased will have taken prudent steps, and have prepared a full estate plan and a properly-worded and well-documented will. In such cases, those left behind will have the benefit of the loved one’s unambiguous written wishes, as well as instructions for carrying out those wishes. The likelihood of the survivors needing the involvement of the Court is significantly lowered by careful planning.
But in many circumstances, the affairs of the deceased will unavoidably become the subject of litigation. Often, such litigation arises where someone has attempted to draw their own will, writing something out by hand in the mistaken assumption that it will be enforceable. Do-it-yourself wills are not the only source of litigation, however: sometimes, sloppy drafting by an inexperienced lawyer will cause an unintended disentitlement, a partial intestacy, or require the interpretation of the Court. Other circumstances giving rise to litigation include a suspicious provenance of a will, the claims of common-law spouses and other dependents, and conflicts over the constructive trusts imposed in cases of certain joint ownerships. Even the claims of the deceased’s creditors can trigger estate litigation.
If you are facing a dispute over the estate of a deceased individual, or are concerned about the management of someone’s property by their attorney-for-property, do not hesitate to contact one of the Estate Litigation team at MBZ. Our lawyers are highly experienced in this distinctive area of law. We are ready to assist you with sensitive and intelligent counsel, under what can be trying circumstances.
Contact any one of our Estate Litigation team for prompt and professional service.
3029 Bloor St W., Toronto, ON M8X 1C5. Tel: 416-234-9111. Fax: 416-234-9114