Advice when an estate dispute affects your family

After a death, questions about a will, financial support or ownership of property can be difficult to separate from family relationships. You may be concerned about an unexpected change to a will, what a surviving spouse is entitled to receive, or whether an estate has made adequate provision for someone who depended on the deceased.

Thomas J. MacLennan advises clients about estate disputes and the family law issues that can arise alongside them. He has practised law in Ontario since 1989. You work directly with Thomas to assess your position, the available evidence and practical next steps.

Will challenges and related disputes

An unexpected or unequal inheritance does not, by itself, establish that a will is invalid. An assessment may involve the circumstances in which the will was prepared, the will-maker’s capacity, whether the document reflected their intentions, and evidence of coercion or other legal concerns.

Early advice can help identify the relevant documents, preserve evidence and determine whether steps are needed before probate or distribution of the estate.

Learn about will challenges in Ontario

Where family law and estate litigation meet

A surviving spouse’s rights may require more than reading the will. Depending on the circumstances, the issues may include:

• An election to claim equalization of net family property rather than take the entitlement under a will or on an intestacy.
• A claim for adequate support from an estate.
• The effect of a marriage contract, cohabitation agreement or separation agreement.
• Existing support obligations and arrangements intended to secure them.
• Joint ownership, beneficiary designations and competing claims involving a spouse and children from a previous relationship.

These issues should be assessed together. A decision about one entitlement can affect the value or availability of another.

A spouse’s equalization election after death | Dependant support claims against an estate

An approach grounded in evidence and proportionality

The first step is to understand the dispute, the people affected, the estate’s approximate value and any immediate deadlines. The likely benefit of a claim must be considered alongside its cost, evidentiary strengths and risks.

Negotiation and mediation may provide opportunities to resolve the dispute. Court proceedings may be necessary where an agreement cannot be reached or protective steps are required. Payment of legal costs from the estate should never be assumed.

Estate planning, administration and capacity matters

The office also assists with wills, powers of attorney for property and personal care, probate applications and estate administration. Advice is available about estate trustee accounting, powers of attorney disputes and guardianship matters.

Read about estate planning or contact the office to discuss the assistance you need.

Arrange a consultation

If you have concerns about a will or your rights after a spouse or family member has died, call 416-591-1354 or contact the office to arrange a consultation. Appointments are available by telephone, Zoom or in person. Ask about consultation fees when booking.

Bring the will and any earlier wills you have, relevant agreements or court orders, and correspondence about probate or distribution. Do not delay seeking advice while trying to collect every document.