WILLS ESTATES & ESTATE LITIGATION
WILLS & ESTATES
- Estate planning
- Will drafting
- Power of Attorney for Personal Care
- Power of Attorney for Property
- Will probate applications
ESTATE LITIGATION
Estate litigation can occur under many circumstances. It is important to ensure your will is done correctly so as to ensure that there is minimal to no risk of litigation later on. Estate litigation include claims involving:
- Unjust Enrichment
- Quantum Meruit Claims
- Constructive Trust Claims
- Trust Disputes
- Dependent Support Claims pursuant to Part V of the Succession Law Reform Act
- Family Law Act Election pursuant to s. 5(2) of the Family Law Act
- Claims pursuant to s. 44 (liquidated claim) and s.45 (un-liquidated claim)
- Challenges against an estate on the grounds that the testator
- Lacked testamentary capacity;
- Did not have knowledge and approval of the contents of the will and suspicious circumstances;
- Was unduly influenced;
- Did not duly execute the will;
- Fraud or forgery.
- Solicitor’s Negligence Claims arising from will drafting ‚ drafting errors, improper witnessing of a will, failure to ascertain and document testamentary capacity.
- Constitutional challenges in estate matters, common-law and same sex spouses, rights to equalization payment under Family Law Act, Succession Law Reform Act, Estates Act, rights on intestacy, revocation of Will on marriage.