The impact AI has on the legal practice continues to evolve and be examined by the Court. While arguably a useful tool in some instances, the Court has yet again warned counsel of the risks of using AI in written materials filed, and its patience is wearing thin. In the recent case of Kapahi Real […]
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- Estate Litigation
- Will Challenges
- Estate Trustee During Litigation
- Dependant’s Relief Claims
- Contested Passing of Accounts
- Court Applications to Interpret a Will or Trust
- Spousal Claims and Elections
- Court Applications to Vary a Trust
- Rectification Applications
- Court Applications to Sever Joint Ownership
- Court Applications to Remove an Executor / Estate Trustee
- Other Claims & Remedies Against Estates
- Capacity Litigation
Estate litigation is a broad term that encompasses will challenges and will interpretations, contested estate administration and probate applications, the removal of executors or the rectification of a defective will. It includes a variety of disputes between executors and beneficiaries, as well as disappointed beneficiary claims and allegations of delay or the mismanagement of estate assets.
Beyond the unique legal issues involved, estate litigation is notable for being emotionally-charged. Even families that were once close can disintegrate under the stress of litigation. Unchecked litigation can quite literally bankrupt an estate or saddle the losing party with significant legal costs. Having an experienced estate litigator who is able to quickly grasp the issues at stake and how best to resolve a contentious estate dispute is a must.
Related papers/blog
Pizzi v. Nouini Estate: Discovery in Estate Litigation
Today’s blog was written by Iryna Huk In Pizzi v Nouini Estate, 2025 ONSC 4974, the applicant, challenged his late wife’s will and several property transfer that she made prior to her passing. He believed that her sister, niece, and son (the respondents) benefited improperly from those transactions. The litigation has been underway since 2023, […]
read moreCharitable Bequests and the Importance of Names
A recent Nova Scotia case, the Horley Estate, highlights the importance of insuring that the proper legal name for a charity is included in a will. Often, that is more difficult than it first appears as the names of charities and institutions can change over the years. The Public Trustee, who was administering the Deceased’s estate, […]
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