A Will can be challenged if the testator’s (person who signed the will) true intentions are not reflected. For example there can be factors involved such as undue influence, mental capacity, the will was not properly executed, witnessed in accordance with legal requirements, the testator did not know or approve the contents or if it is a fraudulent document.
Dependent Relief Claims: can be complex situations that arise involving a person passing away without a Will or the Will lacks provision for the dependent(s) who may be family or loved ones. Ontario’s Succession Law Reform Act places limitations on the person who passed away, including addresses how their assets could be disposed off. This Act allows the dependent who has not been provided for or inadequately provided for, to apply to the court seeking dependent’s relief. Dependent relief are governed by special limitation periods. We can represent both claimants who seek dependent relief or the estate trustees facing dependent relief claim against an estate. As experienced lawyers we can assist you in this complex issue.
Head Office : 2 County Court Blvd. 2nd Floor Brampton, Ont. Canada
(Up to 30 minutes)
Passing of Accounts: Situations arise when the court needs to be involved in accounts. A beneficiary or any other person with standing can ask the court to audit the trustee’s accounts. Court applications to pass account information can be initiated by many parties including the trustee. The beneficiaries of an estate can demand to review payments made and received by the estate trustee, and the extent of the estate’s original assets and liabilities. The beneficiaries can ask for information, documentation or object to the compensation claimed by the estate trustee. If these objections are not properly relayed to a court, this can result in a hearing.
Capacity: Our office has extensive experience and expertise in assisting clients before the Consent and Capacity Board. We have represented many clients on issues of consent. When issues of consent arise, such as the person who lacks capacity, or are at a certain point in life where they have lost the ability to take care of themselves or their capacity, family members can assist in caring for them (including making health care decisions or taking over finances). There are two methods to obtain legal authority:
If conflict arises over family members regarding who should act as their guardian, our office can assist you.
Challenges to Remove Estate Executor/ Estate Trustee: The person with an interest in the estate or a beneficiary may challenge an executor/estate trustee by court order. The choice of the testator to appoint an executor/trustee is generally respected by the court. If serious concerns arise such as the executor/trustee is risking the administration of the estate or trust, then the court can take action. Some of the grounds to challenge an executor/trustee include conflict of interest, inability or unwillingness to carry out the terms of trust, misconduct by the estate trustee, and pre-taking of compensation, mismanagement of assets, estate trustee’s capacity, criminal conviction, and bankruptcy. There are many other reasons that challenges can be made and our office can assist on this issue
Applications to determine interpretation of wills: There are situations that arise where a will or trust leads to confusion. The clause(s) in the Will can lead to different interpretations. It may become necessary for the assistance of the court in this matter. The executor, trustee, or persons that have interest in the estate or trust can seek assistance from our office in requesting the Court to interpret the governing Will. These types of application for advice, direction or interpretation of the Will can be presented to the Court.