Estate Lawyer: Challenging & Contesting a Will

NOT EVERY WILL IS VALID SIMPLY BECAUSE IT WAS PREPARED BY A LAWYER

In the unfortunate event of a family member’s death, navigating the issue of the will can be tricky. Emotions can run high, and it helps to have an estate lawyer who is knowledgeable about these proceedings. However, this is all the more important if the will needs to be challenged or contested.

An estate lawyer is hired to help ensure a will is prepared according to law and truly reflects the deceased intentions. However, a will is not valid just because a lawyer was involved. There are a number of grounds to attack, challenge, contest, and set-aside wills, even where prepared by an estate lawyer, on the basis of a Lack of Testamentary Capacity, Lack of Knowledge and Approval of the Will and Undue Influence.

An estate lawyer from Matrimonial Home can give you the advice you need to challenge or contest a will if necessary. It can be uncomfortable for all parties involved, but it helps create the best possible situation and ensures you receive your due inheritance.

IDENTIFYING A SUSPICIOUS WILL AND SUSPICIOUS CIRCUMSTANCES – THE IMPORTANCE OF EARLY INVESTIGATION

One of the critical things that an experienced estate lawyer can bring to a will challenge/contest is the finding of suspicious circumstances in the creation of the will or the behaviour of these relevant parties.   These may include any factors not limited to:

1. Evidence of poor physical and mental health of the deceased before they died. If they did not have the mental or physical capacity to write their own will, it might be appropriate to claim that they did not know what they were doing, that they did not understand the effects of their gifts, or that they did not understand their relationship with the people named in the will;
2. Suspicious beneficiaries. If someone you deem suspicious is named in the will, you may want to look at the circumstances surrounding the signing of the will to ensure it was not done under pressure.
3. 3. No provision for spouse or dependents. In Ontario, there are laws that dependents must be taken care of, and spouses may have a claim to part of the estate. It can be challenged if there are no such provisions in the will. Adult children may also contest the will if they believe the estate division to be unfair.
4. 4. Improper execution or fraud. If you believe that the will was prepared incorrectly, such as falsified documents, forged signatures, or not signed according to Canadian law, you can challenge the will based on these grounds.
5. Poor language skills. If the wording of the will is unclear due to language barriers, it may be necessary to get a lawyer involved to determine the intent and meaning of its contents.
6. Physical or emotional dependency or vulnerability.

Early identification of potentially suspicious circumstances is critical early on after a will is presented so that the right to challenge/contest a will is not lost and estates assets do not disappear. With over 25 years as a civil and family litigator, Mr. Birnboim can effectively identify and investigate the existence of suspicious circumstances so that a will can be properly challenged/contested.

Early investigation is critical as crucial evidence can be lost or concealed with the passage of time. . An estate lawyer will help ensure that all available evidence is examined to reach a fair outcome.

ADVANCING WILLS CLAIMS AND OTHER CLAIMS AGAINST ESTATES

Elliot S. Birnboim, a downtown Toronto lawyer, has been navigating complex proceedings surrounding wills and estates for over 20 years. He can help find a sensible resolution to will contesting issues, including ensuring that there is no unfavourable result for your role in the will.

Birnboim is a strong advocate known for achieving successful outcomes in some of the most challenging cases in Ontario proceedings and across Canada. He can work toward the outcome that best protects your interest in an estate (see our blog regarding a case he was involved in). Contact us for a free consultation to learn more.

CALL US FOR A FREE CONSULTATION

When a loved one dies, it can be challenging to navigate the various aspect of the will and estate. Let the lawyers at Matrimonial Home ensure that you receive everything you are due in the will and represent you should you need to challenge or contest the will.

There is no charge for the first meeting at our Toronto office. Get in touch with Matrimonial Home today at 1-888-927-2280 to arrange a time. You can also use our online contact form. Take the first step to challenge or contest a will and receive everything you are due.