If you are dealing with an estate dispute involving a parent’s finances, the presumption of resulting trust may determine whether an asset belongs to one beneficiary or must be returned to the estate.

In Ontario, it is common for parents to add an adult child to a bank account or contribute financially to a major purchase, often with the intention of helping, not gifting. However, when those intentions are not clearly documented, these arrangements can lead to serious legal disputes after death. What often starts as “lending a helping hand” to a parent, or a parent "helping out,” can quickly turn into a contentious legal dispute after death.

Estate litigation lawyers across Canada are seeing a steady increase in undue influence estate disputes. Families are more frequently questioning whether a will truly reflects a loved one’s wishes or whether someone exerted pressure behind the scenes.

If you are facing a dispute over an estate and want to find alternatives to court for estate litigation, there are practical options worth considering. Taking a dispute to court can be stressful, expensive, and often takes years to resolve, especially with Ontario’s backlogged court system. Fortunately, with the guidance of an experienced estate lawyer, you can explore other ways to resolve the matter more efficiently and with less conflict. Mediation, arbitration, and med-arb are all effective alternatives that may help you avoid the courtroom entirely.