There are a number of reasons that estate disputes may arise after a loved one has passed away.

The best and easiest way to prevent these disputes is to work with an attorney to ensure that any will or trust is up to date according to your circumstances and informing those with vested interests ahead of time of your intentions so that there are no surprises after the fact. *

*Please note that a notary fills this role in the province of Quebec.

Do You Require an Estate Lawyer?

Individuals typically employ an estate lawyer to work on their behalf when the terms and conditions of a will are called into question. This may be due to:

• Mental Capacity: Occurs when the deceased’s mental capacity at the time of the will’s or trust’s creation is called into question, and it is felt that assets were not divided fairly.
• Disinherited: Generally occurs among family members when one party has have been left out of the will.
• Duress: If it is believed that the deceased person was pressured or otherwise unduly influenced when preparing their will.
• No Existing Will: Depending on the province you live in, the absence of a will creates unique problems; the government may exercise control over the distribution of assets.
• Change in Circumstance: For example, if a marriage occurred after the will was drawn up, the new spouse may want to challenge the will.
• Assets in Foreign Jurisdictions: Assets held in foreign countries may require the services of a lawyer to ensure that the transfer is smooth and legally binding.
• Malpractice: May occur if the attorney who drew up the will did so incorrectly according to the wishes of the deceased.

Corporations, Trust Companies and Charities

Corporations, trust companies and charities may employ the services of an estate lawyer to settle legal matters when numerous partners, clients, supporters or beneficiaries are involved. This often occurs when large sums of money or significant assets are changing hands. This may be done because disputes have arisen or as a precautionary measure.