Estate Litigation Issues

Dependant Support and Relief

Sometimes someone dies and does not leave adequate support for their dependants. The law acknowledges that there is a moral obligation for the needs of dependants, including children, parents and spouse, to be given adequate support.

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Will Challenge and Interpretation

A will challenge is where someone disputes the validity of the last will and testament of a deceased.

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There is a broad range of issues respecting legal capacity. For example, a person may be taken advantage of financially by their guardian/attorney for property. There may be a dispute over how a loved one’s property and personal care should be handled.

A decision-maker may need to be appointed for a person who may not have the capacity to make their own decisions in the form of a guardianship application.

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Elder Abuse

Financial abuse is the most commonly reported type of abuse against older adults, according to the Canadian Department of Justice. Most commonly, elder financial abuse is conducted by a family member, but it can also be inflicted by a caregiver, service provider, or another person in a position of power or trust.

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Passing of Accounts

It is the responsibility of the estate trustee to keep accurate accounts of the estate assets. This should be done on the outset so that a passing of accounts can be easily prepared. Reconstructing accounts after an administration can be a frustrating process.

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Unjust Enrichment and Quantum Meruit

Unjust enrichment is a doctrine in equity where (1) one party enriched/benefitted another (2) to their detriment (and (3) there is no juristic reason for the enrichment).

Quantum meruit is a claim to recover damages on a contract where the contract was not yet completed and its terms are unenforceable.

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Estate Trustee, Trustee, Attorney, and Guardian Disputes

Sometimes the person appointed to take care of a family members finances, health or in charge of a deceased’s estate is not the best person for the job. When this happens, there is recourse to go to court and seek to remove this person and appoint someone better suited for the position.

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Dying Without a Will

If a loved one passes away without a will (dies intestate), we can help you understand your rights. We will explain your rights and options in a manner that is easy for you to understand.

We also offer a free consultation, which is an opportunity for you to speak to a lawyer before making any commitment. Call us for a free consultation on (416) 868-3263.

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