Litigation Strategy reviewed by Deepa Tailor, Senior Family Lawyer. Updated January 2026 to reflect Succession Law Reform Act amendments.
Too Busy to Read? The 30-Second Summary:
The Challenge:
You cannot challenge a Will just because it's "unfair." You must prove Lack of Capacity, Undue Influence, or Fraud.
The Executor:
If an Executor is stealing assets, delaying probate, or ignoring beneficiaries, we can apply to the court to Remove Them or force a Passing of Accounts.
The Deadline:
You generally have 2 years from the date of death to file a claim, but only 6 months for Dependant Support claims.
The Funeral Ends. The Fight Begins.
Grief is hard enough without the betrayal of a stolen inheritance. When money changes hands, family dynamics change with it.
You thought the Will was clear. You thought the Executor would be fair. You thought your parent's wishes would be honored.
Then you discovered the house was sold below market value to a sibling. Or the bank accounts were drained before probate. Or the Will was changed in the final weeks of life when your parent couldn't remember their own address.
The Pivot:
We don't just argue; we audit. We trace the assets, analyze the medical records, and hold dishonest Executors accountable.
Estate litigation combines grief with greed. It requires forensic precision, strategic timing, and unshakeable resolve. This is where we excel.
The 4 Battlegrounds
Estate litigation takes many forms. Here's where we fight—and win.
Will Challenges
Was Mom coerced? Did she have dementia?
We challenge Wills based on lack of testamentary capacity, undue influence, or fraud. We obtain medical records, interview witnesses, and build a forensic timeline of cognitive decline.
Executor Removal
Theft, conflict of interest, laziness.
When an Executor breaches their fiduciary duty, we apply to the court for removal. Common grounds include self-dealing, delays, failure to communicate, and asset misappropriation.
Passing of Accounts
Forcing a forensic audit of every penny spent.
Executors must account for every dollar. We force a detailed accounting of all estate transactions, receipts, and disbursements. If they can't explain it, they pay it back.
Dependant's Relief
You were financially dependent, but cut out of the Will.
Under the Succession Law Reform Act, dependants can claim support from an estate even if excluded from the Will. We prove financial dependency and inadequate provision.
The Estate Litigation Library
Deep-dive articles to help you understand your rights and options.
Can I Remove an Executor Who Is Ignoring Me?
Learn the legal grounds for executor removal and the court process for holding them accountable.
The Badge of Suspicion: Signs of Undue Influence
How courts identify when a Will was made under pressure, manipulation, or coercion.
Who Pays the Legal Fees in Estate Litigation?
Understanding cost consequences, estate indemnification, and the "loser pays" rule.
The Cost Reality Check
Estate litigation is expensive. Let's be honest about it.
The old rule was "The Estate Pays." If you challenged a Will in good faith, the estate would cover your legal fees regardless of the outcome.
The new rule is "Loser Pays." If you lose, you may be ordered to pay the other side's legal costs—on top of your own.
Our Approach:
We perform a strict cost-benefit analysis before we file, ensuring you don't spend $50,000 to recover $20,000.
We assess the strength of your case, the value of the estate, the likelihood of settlement, and the risk of adverse costs. If litigation doesn't make financial sense, we'll tell you—and explore alternatives like mediation or negotiated settlements.
Fierce advocacy doesn't mean reckless litigation. It means strategic, calculated action that protects your interests and your wallet.
Frequently Asked Questions
Clear answers to complex estate litigation questions.
Yes, with a Certificate of Pending Litigation (CPL). A CPL is registered against the property title and prevents any sale or transfer until the estate dispute is resolved. It's a powerful tool to freeze assets while litigation is ongoing. However, it must be filed strategically—courts can order it removed if used improperly.
Protect the Legacy They Built
Estate litigation requires forensic precision, strategic timing, and unshakeable resolve. We don't just argue—we audit, investigate, and hold dishonest executors accountable.
Initial consultations available. Strict cost-benefit analysis performed before filing.