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Estate Litigation
At Sangster Law PC, we take a practical approach to navigating the difficult and emotionally charged Estate Litigation cases. We have helped Beneficiaries assert their rights and protect themselves and we have helped Estate Trustees navigate the difficult process of Administering their Estate during litigation.
We have litigated a large variety of Estate cases and would be happy to help you assert your rights.
The types of cases we have helped are below.
Removal of Estate Trustee
We have helped clients remove Estate Trustees for breach of their duties. Removing an Estate Trustee is a serious legal remedy in Ontario courts.
Estate Trustees have “fiduciary duties”. These are various duties that must be fulfilled by the Estate Trustee throughout the estate. If they breach these duties, beneficiaries have a right to have them removed as Estate Trustees.
We have helped remove Estate Trustees and have defended Estate Trustees against removal.
Common grounds to remove an Estate Trustee are: mismanagement of estate assets, failure to account after ordered, conflict of interest or dishonesty, incapacity of Estate Trustee, unreasonable delay or refusal to follow the terms of the Will.
Although the courts will often give an estate trustee a lot of flexibility and patience, they will eventually remove a trustee for breaching one of their duties.
Litigation Against Estate Trustee
Another option for some beneficiaries is to sue an Estate Trustee for breaching their duties. In Ontario, I many courts will order the Estate Trustee to pay compensation to the Estate, instead of removing them as Estate Trustee.
Our firm has successfully defended and litigated these types of cases as well. We have helped reduce Estate Trustee compensation, secured damages for unreasonable delay and have successfully secured damages for failing to invest Estate assets appropriately.
We have also defended multiple actions on behalf of our Estate Trustees. If you have any questions please reach out to us and we will be happy to help make sure you do not have anything to worry about.
Will Challenges and Defence
One of the duties of the court in Ontario is to validate the Last Will and Testament of a deceased. If a beneficiary or interest party believes that the Will is invalid, they may make a claim for an order setting aside the Will.
Our firm has both challenged and defended Will challenges. The typical reasons for setting aside a Will are as follows:
The Will was not executed or witnessed properly;
The deceased lacked capacity to understand what they were signing;
The deceased was unduly influenced by a family member, friend or caregiver to change their Will;
The circumstances surrounding the preparation or change of the deceased’s will are suspicious.
If you believe that one of these circumstances exist, please contact our firm and arrange a first meeting. We would be happy to help you from there.
We have also helped defend Will challenges on behalf of the Estate.
Dependants Support
A dependant may apply to the courts for an Order requiring the Estate to support them for a period of time after death. A spouse, child, parent or sibling may apply for an Order for dependent’s support if they meet certain criteria.
Section 58(1) of the Succession Law Reform Act (“SLRA”) gives the Court the authority to order the provision for the proper support, of a deceased’s dependant(s) out of the estate of the deceased.
Section 57 of the SLRA defines the types of relationships that are entitled to make this type of claim.
Our firm has helped multiple individuals secure support for their children and themselves after death. If you believe you may be entitled to a Dependants Support feel free to book a consultation to learn more.
Passing of Account Disputes
One requirement of Estate Trustees is to provide a full accounting of all assets, debts, income and expenses of the Estate. Where a beneficiary believes that an Estate Trustee has misappropriated Estate Assets or had dishonestly handled Estate Assets in a way that benefited themselves or damaged the Estate, that beneficiary may apply to the courts.
Where an Estate Trustee asserts that they have done nothing wrong and wants the court to certify their handling of the Estate, they may also apply to the courts for an order for a “Passing of Accounts”. The purpose of this Order is to approve the actions taken by the Estate Trustee and to approve the financial accounts they have provided the courts and the beneficiaries. The beneficiaries have an opportunity to approve the accounts or to object to the accounts.
Our office has helped Estate Trustees apply for a Passing of Accounts and to negotiate the avoidance of having to Apply. We have also helped beneficiaries successfully challenge a Passing of Accounts and were able to reduce Estate Trustee Compensation and secure damages against the Estate Trustees for breaching their duties.
If you are a beneficiary and you have suspicions about certain actions taken by the Estate Trustee feel free to set up a first meeting. We would be happy to answer any questions you have.
If you are an Estate Trustee, feel free to set up a first meeting and we will help you avoid this issue by providing the proper communication early. We can also help you secure an Order passing your accounts if required.
Want Us to Give You a Quote?
You have a right to pick the lawyer that best fits your needs. If you want us to give you a free quote, please feel free to call us at (705) 476-6600 or email us at info@sangsterlaw.ca.
