ESTATE, REAL ESTATE, CORPORATE & COMMERCIAL LITIGATION
TORONTO'S LEADING CIVIL LITIGATION LAWYERS
ESTATE, REAL ESTATE, CORPORATE & COMMERCIAL LITIGATION
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Estate Litigation falls under the umbrella of Civil Litigation. Civil Litigation field is extremely complex. Not only qualified civil litigator has the basic knowledge of the entire legal framework, but a lawyer practising in a certain area has thorough expertise of that domain area as well.
However, more importantly in that area of law is that how lawyer deals with very sensitive matters and how well the lawyer can negotiate better terms without incurring any additional costs and complications to clients.
Estate Litigation Lawyer must also have typically a very detailed knowledge and in-depth familiarity with the appropriate legislature and case laws, i.e. Estates Act, Mental Health Act, Trustee Act, and so forth, as well as understands what are the most critical aspects for the clients in their matters to look at, how to address these, but also how to effectively deal with clients concerns and fears, while advancing their case, in the most appropriate manner.
The Ontario Civil Litigation process of estate litigation can be extremely complex. Hiring ME Law's upright team of Toronto litigation lawyers guarantees you will receive qualified counsel and crafty legal representation at every step.
We know that choosing the right lawyer can seriously impact anyone’s future.
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100% of our clients recommend our civil litigation services
We came to May to help us challenge a will. The will that we wanted to challenge was a new will that was drafted during the stages of my father's ill health. The new will was drastically different than the original will that we were all made aware of. May asked us to first start collecting the documents that spoke to my father's ill health and all other important documents for her review. She not only explained to us the process and how the courts operate when it comes to will challenges, but how important the evidence we had would help us bring forward a strong will challenge. We recommend May and her team for anything related to Estates Litigation.
I called May because I did not know what to do. My partner passed away suddenly and they did not have a will. May and her team guided me on what I needed to do to apply to become an Estate Trustee without a Will. May also recommended that I keep an accurate accounting record of everything that I do with the my partners estate. May and her team gave me a peace of mind.
May is my go to lawyer for everything and when I found myself in the hospital in need of a power of attorney for property and a power of attorney for care she was able to draft me the required documents and she was able to attend the hospital to have me execute them with my witnesses. May was not cheap, but you pay for quality and I have never had a lawyer ever go above and beyond for me, not just with this, but with every other legal issue she has worked on for me.
Part I of the Succession Law Reform Act (SLRA) outlines the formal requirements for a valid will. A will may be challenged if it fails to comply with the outlined requirements. A will must disclose the testator’s intention with regards to disposing of their property; be duly executed; and must be executed by a testator who had knowledge of and approved the contents of the will. In addition, the testator must have the capacity at the time the will was executed and not be forced into executing a will by another person. If you would like to challenge a will contact us today and speak to one of lawyers who would be happy to assist:
When someone passes away with or without a will, they need file an application with the Superior Court of Justice in the city where the deceased was living before, they passed away to be appointed as an estate trustee. The application can be opposed or on consent. However, once you are grated a certificate of appointment, you then have the authority to manage the estate assets and pay the assets debts:
Determining who qualifies as a dependent in relation to Estate Litigation is governed by Section 57(1) of the Succession Law Reform Act, RSO 1990, c S.26. Under the act, dependent means the following: (a) the spouse of the deceased; (b) a parent of the deceased; (c) a child of the deceased; or (d) a brother or sister of the deceased, to whom the deceased was providing support or was under a legal obligation to provide support immediately before his or her death. If someone who has died has not made adequate provisions for the support of any of the dependents, on an application made to the court, the court may order any provision it considers adequate to be made out of the estate of the deceased for the proper support of any of the dependents. Contact us today to discuss your rights and limitations in making a Dependent Support Claim.
During estate litigation the Superior Court of Justice has the power to appoint an estate trustee during litigation to become the administrator of the property of the deceased person, and the estate trustee appointed has all the rights and powers of a general estate trustee other than the right to distribute the residue of the property. The person who is appointed is usually unconnected to the litigation, is not named as an estate trustee in the will and is not one of the parties in the litigation. The court can also appoint litigation administrators who only deal with litigation that is connected to the estate and do not have any powers to administer the estate. Contact us today to talk about the steps that need to be taken to appoint and estate trustee during litigation or a litigation administrator:
A trustee has the duty to keep accurate records of his or her administration of the esate. Since the trustee and not the beneficiaries bears the onus of establishing that the management and disbursement of the funds in the estate is consistent with the terms of the trust. A trustee on demand must provide the beneficiary as to the mode in which his share has been invested or otherwise dealt with and the full accounts respecting it. If you would like to know about what obligations you have as a trustee in the passing of accounts or would like to know what obligations a trustee has to you as a beneficiary with regards to the passing of accounts, give us a call today:
If you believe that the estate trustee has not taken any steps to administer the estate since receiving the Certificate of Appointment of an Estate with or without a will and had refused or neglected to respond to letters sent by the beneficiaries then an application can be made to the court to replace and appoint a different estate trustee:
It is the duty of the estate trustee to administer the estate and to locate and identify the beneficiaries. If you are an estate trustee and require guidance as to what you need to do to locate and identify beneficiaries give us a call today and our lawyers will assist you:
At Me Law, our remarkable track record is accompanied by exceptional “people skills.” We work tirelessly to solve your estate planning and asset protection issues while minimizing costs, delays, and negative outcomes. Consult our FAQ section or give us a call.
Our Fees depend on your specific situation. We provide an initial FREE 30 minutes consultation to evaluate your case. We will then determine the complexity, the amount of work that needs to be done and the other factors that might influence your particular situation. Upon that, we discuss payment options such an hourly rate fee, block fee or whether payment plans would be available to you in your situation.
After our initial consultation over the phone, we schedule an appointment at our office where we discuss in detail your legal issue. We try to contact you promptly and immediately, if necessary, in order to keep you engaged throughout the whole process.
Our office is conveniently located in the heart of dowtown Toronto, right across from Royal Ontario Museum (ROM). The closest subway stations are either St.George or Bay/Yonge/Bloor or Museum stations. There is a municipal parking at the back of the building. After our initial consultation over the phone, we will make an appointment and discuss all your matters confidentialy at our office.
While we are happy to assist with your matter, we cannot begin working until we have been fully retained on your matter. This includes both your signing of our retainer letter, confirming that you are hiring us as your lawyer and outlining the terms of our relationship, and payment of our retainer fees which we will need to begin work. We will not be your lawyers and will not be able to assist you until both of those steps have been completed.
Call Us Now for A FREE 30 minutes consultation and we can immediately start handling your case. Your situation is not unique, most likely there were similar cases before, and this is where we can, as professionals with prior experience, step in to advise you on the best course of action to take and/or solution to your problem. Remember you have rights too and not just obligations, so no need to panic. Contact a professional to deal with your case in those stressful times.
Yes, we would be glad to assist with a limited scope retainer.
We are members of the following highly-regarded Professional Associations
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