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Estate Litigation

Lawyers for Estate Litigation

Providing legal guidance in estate-related disputes.

When disagreements arise concerning a will, the administration of an estate, or a trust, the situation can become highly emotional and legally complex. At Mincher Koeman, our experienced litigators help you resolve these disputes through legal means, often handling cases in which significant assets and family relationships are at stake. We provide legal guidance that focuses on a fair resolution that protects your interests and honours the intentions of the deceased.

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What is estate litigation?

Estate litigation addresses legal disputes that arise concerning the validity of a will, the administration of an estate, or challenges to a trust.

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Resolving disputes in wills and estates

When disputes arise over a will or estate administration, Mincher Koeman provides clear, confident legal guidance. We offer:

  • Representation in challenging a will’s validity, including concerns about capacity, undue influence, or proper execution.
  • Assistance in resolving disputes involving executors, trustees, or beneficiaries regarding their duties and entitlements.
  • Guidance through dependants’ relief claims, ensuring fair provision for family members not adequately addressed in a will.
  • Strategic advocacy in court proceedings to protect your interests and achieve a fair resolution.

Understanding estate disputes

Estate litigation cases often address deeply personal and emotional family dynamics, making them uniquely challenging.

Beyond the legal argulments concering a will’s validity or an executor’s actions, these disputes can involve complex investigations into financial records, capacity assessments, and intricate family histories. The interplay between various legal areas, such as family law or corporate law if a business is part of the estate, further complicates matters. Navigating these issues requires legal experience and a compassionate understanding of the underlying family relationships to guide families toward resolution.

Estate Litigation
Frequently Asked Questions

What happens if I pass away without a valid will?

If you pass away without a valid will, your estate will be distributed according to provincial legislation. This means the government determines who will inherit your assets, which may not align with your wishes and can create complexities, delays, and additional costs for your loved ones.

An executor, or personal representative, is the individual you name in your will to manage and distribute your estate after your passing. Their role involves locating assets, paying debts and taxes, and distributing the remaining assets to your beneficiaries.

It’s advisable to review your estate plan regularly, ideally every few years or anytime a significant life event occurs. Major life changes such as marriage, divorce, the birth of a child or grandchild, the acquisition of substantial assets, or a change in health or financial circumstances should prompt a review of your will and any other estate documents.

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