Estate Ligitation Lawyers
ESTATE LITIGATION LAWYERS
MISSISSAUGA LAW FIRM
Resolutions Through Estate Litigation
The administration of an Estate can present challenges to even the most prepared individuals. While reviewing the responsibilities of the Executor under the obligations set out by the Estate requires some understanding of Estate litigation, knowing how to avoid the wrong moves in a the face of legal conflict is also half the battle. Tailor Law works with you to avoid long and expensive legal battles while keeping you out of court. Tailor Law understands that while it is not always possible to avoid litigation, creating an initial strategy to counter any claims to the Estate is one of the reasons why Tailor Law is a prime choice for litigation. Tailor Law provides reasonable and cost-effective approaches to litigation and works to create favourable outcomes for its clients.
While Estate litigation is a complex area of law that requires a nuanced understanding of estate, Wills, trusts, taxes, and investments, Tailor Law ensures that the client understands the pros and cons of proceeding with litigation, in addition to understanding what respective terms and conditions mean. When resolving disputes between family members, relatives, and concerned parties, balancing the interests of these other parties can present various challenges. Tailor Law focuses on building a long-standing rapport with our clients in order to overcome these challenges and settle estate disputes proactively and efficiently.
Disputing The Estate Administration
Litigating the administration of an estate is one of the most common disputes that arise in estate law due to the fact that an Executor that has been instated in the position may unintentionally (or intentionally) fail to meet the requirements of an Estate. A good example of this is when the person that leaves a Will behind appoints a friend as an Executor of the Estate. While this may appear to be a great decision initially, it can pose problems later on, particularly if the friend is not prepared to handle the affairs of the Estate.
Common Estate Litigation Issues
- When an Executor ignores the beneficiaries
- When an Executor fails to account for expenses (by refusing to open a separate Estate account or by failing to keep receipts)
- When an Executor commits an act that is a direct conflict of interest with the Estate
- When an Executor fails to distribute the Estate as per the Will or by law.
Power of Attorney Disputes
Other kinds of dispute arise when the power of attorney was instated under duress, or the person that has been granted power of attorney has not carried out the intentions of the testator (the person who has passed) accurately. Another reason for questioning the power of attorney is when an attorney acts improperly, or the attorney for the Estate refuses to act. While these are less common reasons for disputes, they still occur from time to time.
Probate Disputes can arise from invalid Wills, the wrong individuals applying for the estate trustee position (particularly if there are multiple and contested Wills), executors who refuses to apply and request for probate, and for various other reasons.
Regardless of the type of dispute, it is important to seek legal advice as soon as you believe that the interests of the testator are not being carried out in the manner by which they are meant to be carried out.