Disputes and Litigation

Difficult Estate
Trustees

Generally, a trustee’s job is to take control of estate assets, pay the estate’s debts, and then distribute assets according to a will or the law.  Sometimes, trustees go off-script.

Will Challenge and
Will Defence

A will requires five elements to be considered valid by the courts:  due execution; capacity; knowledge and approval; no undue influence; and no fraud.

Spousal Election
Opting Out of a Will

A spouse who receives less under a will than they would have in divorce has options, including a “spousal election”, which is akin to divorcing the estate.

Dependent
Support
Claim

A spouse, former spouse, father, mother, child, or sibling who was, at the time of the death, receiving support from a deceased, must receive “adequate provision” under a will.

Constructive
Trust & Unjust
Enrichment

Unjust enrichment occurs when someone seeks an award of money or property because a deceased person was enriched at their expense without a legal reason.

Life Insurance
Claims and Joint
Bank Accounts

A bank account survivorship designation does not always determine who gets to keep estate money.  This is especially true when an adult child is named jointly with a deceased on a bank account.

Other
Claims

Not every estate issue neatly falls under one category.  If you have a case that does not fit within the categories on this website, you may still be successful.