In Ontario, a common law partner does not automatically inherit from an estate the way a married spouse does. However, depending on the circumstances, they may have legal rights to make a common law estate claim through dependant support claims, unjust enrichment claims, or by challenging the validity of a will.

Family business disputes often arise when a founder dies or loses the capacity to manage the company. They sometimes begin with a medical diagnosis that changes everything, the power of attorney that family members question, or a will that surprises everyone in the room when it is finally read. Whether a founder has passed away or has simply lost the capacity to make decisions, a business left without a clear succession plan can cause disagreements between family members that quickly escalate into legal conflicts involving estates, corporate ownership, and control of the business. 

Estate disputes between siblings rarely begin as purely legal disagreements. We often find that what appears on the surface to be a disagreement about money or property is often rooted in grief, long-standing family dynamics, and deeply personal views about what is fair. When a parent dies, unresolved tensions can surface quickly, turning what should be a structured legal process into a difficult and, at times, adversarial situation.

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.

Challenging a will if you are unhappy with how a loved one's estate was handled is a common occurrence. Many people believe that only homemade wills can be challenged, while wills prepared by lawyers are ironclad. That is not true. Any will can be challenged in Ontario if you have the right reasons. As estate litigators, we are well versed in the legal reasons you may or may not be able to contest a will and your rights throughout the process. To help steer you in the right direction as to whether to contest a will, these are a few of the things you should consider before you go down this path.