Estate Litigation Lawyer in Toronto

Estate litigation covers disputes that arise after someone dies: whether a will is valid, how it should be interpreted, whether the estate trustee (executor) is acting properly, and whether family members who depended on the deceased have been left without adequate support. These disputes are often emotional, and they are governed by strict procedural rules and deadlines.

Civitas Law is a team of legal professionals under the leadership of lawyer Nasibeh Mehrpouyan, serving clients across Toronto and the GTA in English, French, Farsi, Russian and Serbian. We act for beneficiaries, family members and estate trustees.

• Lack of testamentary capacity. The person must have understood what a will is, the nature and extent of their property, and who would ordinarily be expected to benefit.
• Undue influence. Someone coerced the person into making the will so that it reflects that person's wishes, not the testator's.
• Knowledge and approval. The testator must have known and approved of what the will said. Suspicious circumstances around how the will was prepared can put this in issue.
• Formal validity. A typed will must be signed by the testator in front of two witnesses who are present at the same time. A will written entirely in the testator's own handwriting and signed by them can be valid without witnesses.

Since January 1, 2022, the court can also validate a document that does not meet the formal signing rules if it is satisfied that the document sets out the deceased's true testamentary intentions. That applies where the person died on or after that date, and it can work for or against a challenge.

• Marriage no longer revokes a will. For marriages on or after January 1, 2022, an existing will stays in force after the wedding.
• Separated spouses. If spouses were separated at the time of death and met the conditions in the Succession Law Reform Act, such as living apart for three years or having a separation agreement or court order, gifts to the separated spouse are treated as if that spouse had died first.
• Substantial compliance. As above, the court can now give effect to a document that does not strictly follow the formal rules.

• Notice of objection. If you have concerns about a will, a notice of objection filed with the court before the estate trustee is appointed prevents the certificate from being issued without notice to you.
• Will challenges. The Ontario Court of Appeal has held that the general two year limitation period applies to challenges to the validity of a will, usually running from the date of death.
• Dependant support. A claim for support from the estate by a spouse, child or other dependant must generally be made within six months after the certificate of appointment of estate trustee is issued. The court can allow a later claim only against what has not yet been distributed.
• Spousal election. A surviving married spouse has six months after the death to choose between what the will (or intestacy rules) gives them and an equalization of net family property under the Family Law Act.

These deadlines are strict. If you think something is wrong with a will or an estate, get advice early.

Estate trustees must act honestly, impartially and in the interests of all beneficiaries. Common disputes include delay in administering the estate, failure to provide information, conflicts of interest, and questions about expenses and compensation.

Beneficiaries can ask the trustee for an accounting and, if necessary, ask the court to require a formal passing of accounts, where the court reviews how the estate has been managed. In serious cases the court can remove and replace an estate trustee. Trustees who are facing unfair accusations also need advice on how to respond and protect themselves.

Under Part V of the Succession Law Reform Act, a dependant whom the deceased was supporting, or was legally required to support, can ask the court for support from the estate if adequate provision was not made. Dependants can include a spouse or former spouse, a common law partner, children, and in some cases parents, siblings, and a person the deceased treated as their own child.

1. Early review. We review the will, earlier wills, medical and financial information and the circumstances of the signing.
2. Protective steps. Filing a notice of objection or seeking directions from the court, so the estate is not distributed while the dispute is resolved.
3. Disclosure. Obtaining the lawyer's will file, medical records and financial records, often by court order.
4. Mediation. In Toronto, most contested estate proceedings must go to mediation under Rule 75.1 of the Rules of Civil Procedure. Many disputes settle at this stage.
5. Hearing or trial. If the dispute does not settle, the court decides the issues.

If you have concerns about a will, an estate trustee or support from an estate, the first step is to understand the deadlines that apply to you.

Book a consultation online or call (647) 271-1646 (the phone is answered 24/7). 30-minute consultation, $150 plus HST, paid when you book. Legal fees after that depend on the work involved, and we explain them in writing before you retain us.