Introduction to Estate Litigation

3 Minute Read

Estate litigation covers a wide variety of legal disputes that can arise regarding the administration and settling of a deceased person’s estate. Let’s discuss below.

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Unlike other areas of law, proceedings in estate litigation are often conducted by way of Application rather than Action (a trial). Although, some proceedings by application can lead to an action depending on the nature of the claims.

Proceedings by applications can be less contentious than actions, and the average application process can usually take 6 – 8 months or sometimes more depending on the complexity of the case.

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Here are the most common matters that can lead to estate litigation:

WILL CHALLENGES

These claims intend to invalidate a Will so that it can no longer guide the administration of an estate. The most common grounds for challenging the validity of a Will include improper execution, fraud or forgery, lack of testamentary capacity, undue influence and suspicious circumstances, revocation or supersession, disinheritance claims, and legal formalities of a Will.

WILL INTERPRETATION CASES

These claims intend to seek Court intervention to help clarify the meaning and intent of a Will when there are ambiguities, uncertainties, and disputes regarding the internal language and provisions. Learn more about the different types of claims that can made against Wills below:

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FIDUCIARY DUTY CLAIMS

These claims are made against fiduciaries who have breached their fiduciary duties. A fiduciary refers to an individual who manages an estate or trust, or acts as a substitute decision-maker for someone else, such as estate trustees or executors, trustees (of a trust), an attorney under a power of attorney, and guardians (of the person or property). Learn more about these claims below.

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SUPPORT CLAIMS MADE AGAINST AN ESTATE

These claims are made by individuals who were dependent on the deceased immediately before death to seek financial support from the deceased’s estate if they were inadequately provided for within the provisions of the deceased’s Will.

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APPLICATION TO PASS ACCOUNTS

Any individual who is a fiduciary is responsible for keeping accurate and complete financial records of any decisions they make, any assets they manage, and any payments they make. An application to pass accounts refers to the legal process of obtaining the Court’s approval of account records made by a fiduciary. The fiduciary typically makes an application to pass their accounts.

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SERVICES RENDERED & QUANTUM MERUIT CLAIMS

Services rendered claims are made by service providers to seek payment for services they have provided to the service receiver when the agreed-upon fees for the service are not paid in full. If the service rendered was provided to a deceased individual, these claims are made against their estates to recover unpaid fees.

Quantum meruit claims are made by service providers to seek fair and reasonable compensation for the services they have provided to the recipient party, in situations where there is no explicit contract or agreement between the service provider and the service recipient. The claims may also be recovered from a deceased individual estate.

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The lawyers at Sweatman Law have over 30 years of experience in estate litigation. Contact us here to get in touch!

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DISCLAIMER: This blog post should not be interpreted as legal advice for your specific situation, concerns, or challenges. All litigation matters are unique and should be reviewed by legal, financial, and health professionals, and tax accountants. Please be advised that the information on this website relates to laws specific to Ontario or Canadian federal law. Legal advice, procedure, and legislature may vary in different jurisdictions.