Estate Litigation Lawyer
There are many reasons people end up in court over a will. Grief can cause families a great deal of stress, and sometimes long-standing family conflicts can turn into full-fledged disputes. This is particularly likely to happen if there is no will, or if the estate has not been planned with proper consideration for the family's needs.
At Aitchison Law Office, we believe in helping families find solutions for themselves without going to court unless it's necessary. We have a great deal of experience with Alternative Dispute Resolution and have served as mediators for other lawyers' clients during estate mediation. We believe that avoiding court is usually the best choice for our clients.
However, when necessary, we will go to court to defend your rights.
We typically see different kinds of conflicts with wills and estates:
- Will challenges: Beneficiaries or potential beneficiaries of a will may believe that a will is not valid, for many reasons. They may think that the person who wrote the will wasn't competent to write it, or that he or she was influenced by somebody else. They may believe there is another, more recent will that has not been found. Whether you are contesting a will or defending it, we will help you understand Ontario estate law as it applies to your situation, and decide whether going to court will be helpful to you or your family.
- Will disputes: Certain beneficiaries may have been left out of the will or given less than they believe they deserve. Spouses, former spouses or children may feel that the will has not taken their needs into account.
- Estate administration issues: In some cases, the will is considered valid and fair, but there may be problems with how a trustee does his or her duties. This includes distributing property, dealing with trust beneficiaries or passing of accounts. We will try to help you resolve these issues in a constructive way. If you are a trustee, we can help you manage the estate assets so that you are able to show proof of your due diligence to any beneficiaries.