CHALLENGES TO WILLS AND EXECUTORS/ESTATE TRUSTEES IN ONTARIO
Every estate is unique and poses different challenges to the executor/estate trustee as well as the beneficiaries. When a beneficiary believes that an estate has been mismanaged or that the will is not valid, he or she can challenge the will or executor.
Estate litigation involving challenges to wills and executors/estate trustees can be complex, and requires experienced representation. At Sweatman Law Firm we provide comprehensive estate litigation and administration services. We are dedicated to providing each of our clients with the skilled advocacy, trusted advice and compassionate support they need throughout the administration of the estate.
Contesting a Will
There are specific legal requirements that must be met in order for a will to be valid. If the will does not meet these requirements, it may be possible for the will to be challenged. We represent beneficiaries and executors/estate trustees in will challenges, including those involving allegations of:
- Lack of testamentary capacity
- Undue influence
- Elder abuse
- Improperly executed wills
- Interpretation issues
Challenges to an Executor/Estate Trustee
Executors/estate trustees owe a fiduciary duty to the beneficiaries of the estate. An executor/estate trustee may breach his or her duty through self-dealing, fraud or other forms of mismanagement.
When an executor breaches his or her fiduciary duty, a beneficiary can challenge the executor. For example, beneficiaries can request a formal passing of accounts and challenge the accounting of the executor.
At our firm, we represent executors and beneficiaries in all types of estate litigation. We will work diligently to protect your interests, thoroughly explain your legal options and provide you with knowledgeable advice.
Contact Our Experienced Lawyers
To schedule an appointment with one of our lawyers, contact Sweatman Law Firm online. We are committed to serving clients in Oakville, Milton, Georgetown and surrounding areas.