Estate disputes often arise at emotionally challenging times and can involve complex legal and familial considerations. At Nihang Law, we help families secure and protect their legacies according to their desires by crafting wills that avoid disputes and keep the best interests of everyone in mind.
However, in the event that disagreements come into play, our litigation team has the experience to address these disputes and help clients navigate the process with compassion, sensitivity, and diligence. At Nihang Law, we also represent clients in matters such as will challenges, allegations of undue influence, and conflicts involving executors or beneficiaries.
What Is Estate Litigation?
Estate litigation involves legal disputes surrounding the administration of a deceased person’s estate. These disputes often arise due to concerns over the validity of a will, unequal distribution of assets, allegations of undue influence, or mismanagement by executors or trustees. Whether you’re a beneficiary, an excluded heir, or an executor under challenge, estate litigation can be emotionally charged and legally complex.
At Nihang Law, we provide strategic and compassionate legal guidance to help clients assert their rights or defend their roles in the estate process. Our focus is on resolving matters efficiently while protecting your interests and the integrity of the estate.
Comprehensive Legal Services for Estate Disputes
We handle a full range of estate-related disputes, including:
Will Challenges and Defences
We help clients contest or defend wills based on concerns about the deceased’s mental capacity, undue influence, lack of knowledge or approval, or failure to meet legal execution requirements. If a will does not reflect the true intentions of the testator, we seek to have it varied or set aside.
Claims for Dependant Support
Under Ontario’s Succession Law Reform Act, dependents who were financially reliant on the deceased may be entitled to claim support from the estate, even if they were excluded from the will. We represent spouses, children, and other dependents in seeking fair provision as well as estates defending against such claims.
Executor and Estate Trustee Disputes
Conflicts can arise over an executor’s or trustee’s conduct, including mismanagement of estate assets, breach of fiduciary duty, or failure to distribute assets appropriately. We provide representation for both estate administrators and beneficiaries.
Estate Accounting and Administration Disputes
Beneficiaries are entitled to transparency. We advise on disputes involving improper record-keeping, delay in distribution, or questions around the management of estate assets.
Passing of Accounts
We assist with the formal court approval process to review and approve an executor’s or trustee’s handling of estate finances and asset distribution. If disputes arise, we advocate for transparent and accurate accounting.
Power of Attorney Abuse and Capacity Disputes
Before death, financial or personal care attorneys may be accused of abusing their powers or acting against the interests of the grantor. We handle claims involving financial abuse, capacity concerns, and competing power of attorney appointments.
Will Interpretation and Rectification
Sometimes wills or trust documents contain ambiguous language or conflicting provisions. We assist clients in applying to the court for interpretation and clarification to avoid or resolve potential conflicts.
Nihang Law’s Approach to Estate Litigation
Estate disputes are often emotionally charged and legally complex. At Nihang Law, we approach each case with the sensitivity it deserves while ensuring our clients receive strategic and results-driven representation.
- Understanding the Sensitivity of Estate Disputes: At Nihang Law, we understand that estate-related conflicts often involve close family members and deep personal histories. As such, we handle these matters with an approach that balances discretion and empathy with legal precision.
- Thorough Analysis and Professional Collaboration: Given the sensitivity of these issues, we conduct careful analysis of testamentary documents and financial records. When necessary, we collaborate with capacity assessors, accountants, and estate planners to ensure that the issues are properly addressed.
- Seeking Early and Efficient Resolution: We actively seek opportunities for early resolution through negotiation or mediation. However, if a dispute cannot be resolved through dialogue, we are fully prepared to litigate and advocate effectively in court.
- Resolving Disputes with Care and Strategy: Whether you’re contesting a will, challenging the actions of an executor, or facing a claim as a trustee, Nihang Law is committed to resolving the dispute while preserving both estate value and family dignity.
Why Choose Nihang Law
At Nihang Law, we have a thorough understanding of Ontario Estate Law. We are familiar with both the legal intricacies and emotional sensitivities of estate disputes. Our experience in representing beneficiaries, executors, trustees, and dependents has allowed us to anticipate and address the strategies of opposing parties. We aim to prioritize out-of-court resolutions and pursue litigation only when necessary to minimize delays and extra costs and preserve estate value.
Estate-related claims in Ontario are governed by strict deadlines. For example, dependent support claims must generally be commenced within six (6) months of the will being probated. Timely legal advice is essential to ensure your rights are preserved and options remain available.
If you are involved in an estate dispute or need advice on your rights or responsibilities, contact Nihang Law today.