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Estate Law Services

Disputes & Litigation

Learn more about the most common forms of estate litigation.

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Estate Practice

A Narrow Focus

At Katzman Estate Law, we know that we cannot be all things to all people; this is why we focus our practice on estate matters. Whether you have a will challenge, spousal election, or executor removal matter, we have likely handled a matter like yours before. We usually have precedent documents from similar files that we can tailor to suit your file. The lawyers at Katzman Estate Law will not have to bill you to learn a new area of law from scratch, which will save you thousands of dollars on an hourly file.

Free Calls

Katzman Estate Law offers free initial calls so you can see if we are the right lawyers for you without risk or cost. On that call, you will be able to tell that we can handle your case and that we will act in your best interests. You should know that we have a plan, a timeline, and a budget for your file. If we think that our involvement may not make your life better, we will tell you that on your first call to save you time, money, and potentially family conflict.

Our Approach

Nothing seems to move quickly in the world of estates, but we push every file forward as quickly as we can. The effort and energy exerted now drags each matter closer to the finish line. Katzman Estate Law has offices in Windsor, Chatham, Sarnia, and the Greater Toronto Area, but with the technology that we use, we can represent anyone for an Ontario matter. At Katzman Estate Law, we are focused on estates and we are focused on you.

Contingent Fees

If you have an estate dispute, we sometimes offer arrangements where you do not pay us fees until you are successful, which is called a contingency fee. Katzman Estate Law is one of very few estate law firms that does this, but we stand behind our work and like making partners of our clients. We offer these agreements in situations where the amount of money in dispute is substantial and a case looks strong enough to take on litigation risk ourselves. For matters where there are few or no medical or other documents available, we may have to start a file on an hourly rate to get those documents before we convert your matter into a contingency arrangement.

Estate Trustee Removal

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.
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Will Challenge & 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.
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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.
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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.
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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.
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Joint Accounts & Registered Investment

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.
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Passings of Accounts

A court can approve the compensation and work as a trustee, attorney for property, or guardian. Objections can be filed.
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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.
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