Estates
Estate Litigation
Legal disputes arising over the estate of a loved one are stressful for everyone involved. When they aren’t strategically managed, they can have the unintended consequence of alienating family members at a time when they most need support.
As family structures become increasingly complex –– unmarried partners, multiple marriages, blended families –– there’s greater potential for disagreement among heirs. More so than in other legal dispute, the stakes in estate litigation are high and their outcomes have long-lasting impacts. Often, family members become estranged following a legal action where one side is pitted against the other.
After the death of a loved one, people are mired in grief and dealing with complicated family dynamics. They need sound legal advice and a compassionate, assertive advocate who can settle their dispute efficiently.
Mullowney’s Law has a wealth of experience in all areas of estate litigation and understands the sensitive nature of these conflicts. Our clients appreciate our ability to assess their situation and present options for how to best resolve matters relating to wills, trusts and the administration of estates.
Types of estate disputes
Every estate dispute is different, and the strategy to resolve it must be tailored to the client’s unique circumstances. Whether you’re filing or defending a claim, our estate litigation firm takes the time to explain technical legal concepts in plain language. We’ve successfully handled cases on behalf of beneficiaries, unmarried partners, dependents and personal representatives, including:
- Will challenges and defence.
- Will and trust interpretation
- Dependent support and relief claims
- Passing of accounts
- Defence of solicitor negligence
- Trustee/executor disputes
- Unjust enrichment
- Misappropriation of assets
- Power of attorney litigation
Contesting a will
Will contests can be complicated, expensive and time-consuming. In Ontario, there are limited grounds for contesting a will through the courts. For example, to have a will declared invalid, the person filing a claim must provide evidence that the testator lacked mental capacity when the will was prepared or was unduly influenced by another party
As your lawyer, we conduct due diligence to evaluate your claim and formulate a strategy for how to best proceed. Many times, these conflicts can be settled through negotiation. If not, our firm will build and prosecute an effective case on your behalf
Probate
Probating an estate is a complex process that can lead to conflict among family members. Where financial matters are concerned, there is always a risk for increased tension in relationships. Probate disputes can be effectively resolved through mediation, which is often the fastest path to distributing the assets of an estate.
Breach of fiduciary duties
In estate law, a fiduciary is a person who holds a legal or ethical relationship of trust with another party and is obligated to act in their best interests. When the administrator of the estate, the executor, makes mistakes administering the estate or fails to properly account for transactions, they can face legal consequences.
If a breach of fiduciary duty is suspected, it’s important to act quickly to prevent further financial harm. Success in these cases is determined by the evidence: Plaintiffs need to prove they suffered a loss as the result of the breach.
We also represent fiduciaries who have been accused of mismanaging the estate, and in these cases, we provide strategic counsel to defend your rights.
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Running a business is challenging enough without having to worry about whether you’re legally protected. When you or your company is under threat, you need an experienced lawyer to advise and guide you at every step along the way until it’s resolved.
Our job is to alleviate your stress and find solutions when a contractor, client, business partner, or other party fails to deliver on what they promised. We have the experience to resolve these disputes in a time and cost effective manner and stand ready to advocate on your behalf to protect your financial interests.
Partition of property
It’s not uncommon for a family member to leave a home or cottage to several family members in their estate. When co-owners of a property can’t agree on decisions relating to it, it can lead to unique problems.
For example, someone who owns a one-per-cent interest in a property can attempt to block its sale. Our estate litigation team is skilled in determining fair valuations, navigating parties to settle the dispute and making application to the court. A partitioning application can either result in the property being divided or in a court-ordered sale of the property and a division of the proceeds.
Paths to settle estate disputes
In many parts of Ontario, including Ottawa, mediation is a mandatory step for most estate disputes. It is often the best way for parties to resolve conflicts early, keep relationships intact, save time and legal costs and avoid a protracted legal battle.
Our firm is adept at applying creative negotiation strategies to advance our clients’ interests. In a recent case, for example, we represented a family member in a multi-party dispute over their father’s multi-million-dollar estate. At one point, negotiations broke down over a $500 estate-related debt that all of the beneficiaries refused to pay. The solution? Our firm paid the outstanding debt, paving the path to resumed negotiations and the case was settled in one day.
If your dispute can’t be settled through alternative resolution, the estate litigation team at Mullowney’s Law will help you prepare for trial and effectively represent your interests.
