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Estate Litigation Archives

Estate planning for heirlooms can be emotional

Preparing a will can sometimes be an emotional affair. This is especially true when it comes to personal items and heirlooms. Choosing who should receive these items can be a very loving and exciting time, but it can also add some conflict to the estate planning process if family members disagree on the decision. People often ask how to avoid such disputes and whether Ontario law has any say in where such items end up.

What are the common causes of estate litigation?

While for many people family is the most important thing in life, it can be difficult sometimes to idealize family dynamics. Every family is different, and when life is shaken by the loss of a loved one, sometimes family members experience bitter conflict for a number of reasons.

Kingston man with power of attorney pleads guilty to stealing from father

It is increasingly common for adult children to become caregivers for their elderly parents. But what if it becomes known that the adult child caregiver is actually taking advantage of the parent by misappropriating estate assets?

Lawsuit claims estate failed to provide for mentally incapable Ontario man

If you have an adult child with an incapacitating disability, then you undoubtedly want to plan your estate so that it provides for your child's needs when you are unable to do so yourself. There are numerous ways to do this, and it is important to choose the strategy that best meets your family's needs.

Importance of timely resolution of estate disputes cannot be overstated

Estate beneficiaries find themselves in disputes for a variety of reasons. The grief of losing a loved one, unresolved divorce-related issues, mental health issues, lack of mental capacity, and deep-seated family disagreements can all factor largely. In most cases, though, the main cause of conflict is inaccurate or inappropriate estate planning.

On what grounds can disinheritance be challenged in court?

The practice of estate litigation often involves handling disputes over the emotionally fraught matter of disinheritance. In some cases, disinheritance is unintentional -- the result of an oversight or poor planning. In other cases, family members find themselves explicitly disinherited in the deceased's will.

Involved in estate litigation? Contact an estate lawyer for help

One reason that many people decide to create an estate plan is to make things as easy as possible for those who are left behind. While there are multiple ways in which this might be accomplished, leaving clear instructions regarding how one's assets should be divided can be very helpful when loved ones are mourning.

Estate Litigation - Dispute resolution in the estate matters

Estate litigation is often a result of conflicts that did to get addressed during the estate planning process. Much of estate planning involves consideration of specific family dynamics. For example, maybe one heir to an estate handles money matters particularly well, while another certainly doesn't -- or at least not yet. To protect estate assets, you can account for family dynamics with a number of estate planning items, including your will and, if you choose, a trust.