Estate Challenges – What Potential Claims You Can Make

If the deceased is a family member and they are providing support to you, then you can claim their estate. It’s important to hire a lawyer if you want your disability claims to go smoothly. Estate lawyers can provide essential support to families during times of challenge and stress.

There are various potential estate challenges that you can make, including:


1) Challenge the Will on the grounds that the testator:

a) Lacked testamentary capacity (age or mental state)

b) Did not have knowledge and approval of the contents of the will

c) Was unduly influenced

d) Did not duly execute the will

e) Committed fraud or forgery


2) Dependant Support Claim
  • A dependent might be someone who is related to the deceased and was being supported by them before death.


3) Unjust Enrichment or Constructive Trust Claims
  • If you are married in common-law, and the deceased owned an asset, you can sue for compensation.


4) Quantum Meruit Claims:
  • If you did work for the person who died and became rich as a result of your efforts, then you may be entitled to some compensation.


5. Family Law Act Election:
  • Married couples who are surviving spouses can receive equalization payments to divide their assets.

6. Solicitor’s Negligence Claims:
  • It may not be possible to go through with the will or it contains errors.

7. Public Policy Claims:
  • If a part of the will offends public morality, you can ask the Court to set it aside.

Claims Against An Estate

You cannot sue a dead person, but you may be able to get the money by suing their living family.  For example, you may have a claim against the estate if the deceased individual owed you a debt payment that the estate trustee did not make.

In Canada, Rule 9 of the Rules of Civil Procedure governs proceedings by or against estates. If you intend to file a claim, it is important to follow the procedures.

Beneficiaries are not usually involved in estate proceedings, but there are some exceptions, including:

  • A person can remove or replace a trustee if they are seeking to do so.
  • If you are making a claim of fraud or misconduct against the estate trustee
  • The court is administering an estate instead of the trustee.
  • If the validity or interpretation of the deceased’s Will is a major issue in the proceeding

We understand that this introduction on estate challenges simplifies what is a complex, time-consuming, and emotionally demanding process. That is why we work with our clients to ensure that their wills and estate challenges have the best chances of success in the real world.

If you are looking for more information, do not hesitate to contact us and our dedicated Wills and Estates Lawyers can discuss your matter in more detail over a free consultation. You can reach our office at 905-366-0202 or contact us through our website here.

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