Estate Litigation
Dealing with the administration of an estate can be a daunting task, particularly if it becomes contentious. GFW’s Estate Litigation lawyers can assist you with a wide range of disputes that arise before and after the death of a loved one, including:
Validity and use of powers of attorney
Validity of beneficiary designations
Capacity issues
Dependents’ relief claims
Unjust enrichment claims and constructive trust claims
Will challenges
Family Law Act elections
Breach of trust claims
Comprehensive Estate Litigation Services
Estate disputes can create emotional and financial strain for families. GFW’s Estate Litigation lawyers provide compassionate and strategic legal counsel to guide clients through these challenging times. Whether you are contesting a will, defending an estate, or addressing concerns about power of attorney abuse, our experienced team is dedicated to protecting your rights and achieving fair resolutions.
Will Challenges
A will challenge is one of the most common forms of Estate Litigation. Disputes may arise when family members or beneficiaries question the validity of a will due to concerns about undue influence, lack of testamentary capacity, or improper execution. GFW’s Estate Litigation lawyers meticulously review the circumstances surrounding the creation of the will, working with medical and legal experts to build a compelling case.
Powers of Attorney Disputes
Powers of attorney grant individuals the authority to make financial or personal care decisions on behalf of another person. Disputes may arise when there are allegations of misuse or abuse of this authority. GFW’s Estate Litigation lawyers assist clients in challenging or defending the validity and use of powers of attorney, ensuring that the donor's intentions are honoured and assets are protected.
Unjust Enrichment and Constructive Trust Claims
Unjust enrichment claims arise when one party benefits at the expense of another without a legal justification. In Estate Litigation, these claims often involve disputes over property ownership or financial contributions made during a relationship. Our lawyers represent clients in constructive trust claims, seeking to establish equitable ownership rights based on financial or non-financial contributions.
Capacity Issues
Questions of mental capacity can significantly impact the validity of wills, powers of attorney, and other legal documents. Our estate litigation lawyers have extensive experience representing clients in disputes involving allegations of diminished capacity. We work to ensure that vulnerable individuals are protected while advocating for our clients' best interests.
Dependent Support Claims
Ontario’s Succession Law Reform Act allows dependents to make claims against an estate if they were not adequately provided for in the deceased’s will. GFW’s Estate Litigation team represents spouses, children, and other dependents in seeking fair financial support from the estate. We provide clear advice on eligibility requirements, filing deadlines, and the legal process involved in dependent support claims.
Breach of Trust Claims
Executors and trustees have a legal duty to act in the best interests of the estate and its beneficiaries. When this duty is breached, beneficiaries may have grounds to pursue breach of trust claims. Our Estate Litigation lawyers assist clients in holding executors and trustees accountable for mismanagement, self-dealing, or other breaches of fiduciary duty.
Family Law Act Elections
Surviving spouses in Ontario may choose between inheriting under the will or making an election under the Family Law Act to receive an equalization payment. GFW’s Estate Litigation lawyers provide advice on the implications of this election, helping clients make informed decisions to protect their financial interests.
Mediation and Alternative Dispute Resolution
Estate litigation can be costly and time-consuming. Whenever possible, we encourage clients to explore mediation and alternative dispute resolution to achieve amicable settlements. Our lawyers are skilled negotiators who work to resolve disputes efficiently while minimizing family conflict.
Protecting the Interests of Executors and Beneficiaries
Whether you are an executor facing a challenge to the estate or a beneficiary seeking to enforce your rights, GFW’s Estate Litigation lawyers offer strategic legal guidance. We provide practical advice on the administration of estates, ensuring that executors fulfill their obligations and beneficiaries receive their rightful inheritances.
Industry Knowledge and Community Engagement
Our Estate Litigation lawyers are active members of the legal community, regularly authoring articles and delivering seminars on estate law topics. This commitment to ongoing education and community involvement allows us to provide cutting-edge legal advice to our clients.
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Estate Litigation Lawyers
Why Choose GFW for Estate Litigation?
At GFW, we understand that estate disputes involve not only legal complexities but also deeply personal matters. Our Estate Litigation lawyers approach each case with compassion, discretion, and a commitment to achieving fair outcomes. With a proven track record in representing clients at all levels of court, we are trusted advocates for individuals and families facing estate disputes.
Contact GFW’s Estate Litigation team today to discuss how we can assist you with your estate dispute.
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Eric Gionet
PARTNER
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Alex Daley
ASSOCIATE
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Julia Tremblay
ASSOCIATE
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Abdullah Saleem
ASSOCIATE