What is Estate Litigation?

Estate litigation refers to legal disputes that arise after someone passes away — typically involving their estate, which includes property, money, and other assets.

At Pinto Shekib LLP, our Toronto estate litigation lawyers represent executors, beneficiaries, and family members in complex estates, wills, and trusts disputes.

Disputes often arise when someone questions whether a will is valid. Common grounds include:

• The will wasn’t signed or witnessed properly.
• The deceased didn’t understand what they were signing.
• Someone coerced or manipulated the testator.
• The person lacked mental capacity to execute the will.

Executors and trustees have strict legal duties. Problems occur when they:

• Steal or misuse estate funds.
• Fail to distribute assets in a timely manner.
• Refuse to provide proper accounting.
• Show favoritism to certain beneficiaries.
• Make poor or negligent investment decisions.

Beneficiaries may disagree about:

• How assets should be divided.
• Whether they deserve more than the will provides.
• The meaning of unclear or conflicting language in the will.

Sometimes the dispute goes beyond the will itself. These claims may involve:

• Constructive trust: someone claims a share of property they contributed to.
• Unjust enrichment: someone unfairly benefited from the deceased.
• Resulting trust: questions about who truly owns an asset.

Estate litigation becomes even more challenging when it involves:

• Property in multiple provinces or countries.
• Blended families or children from prior marriages.
• Family businesses or complex investments.

• Keep your will current and accurately reflect your wishes.
• Use clear, precise language.
• Explain any unusual or unequal decisions.
• Ensure all documents are properly signed and witnessed.
• Document your mental capacity with medical records if necessary.

• Select an executor who is trustworthy, organized, and impartial.
• Consider a professional executor for large or complex estates.
• Name alternate executors in case your first choice cannot serve.

• Discuss your estate plan openly with family members.
• Explain your reasoning to minimize future conflict.
• Consider family mediation if tensions already exist.

The lawyers at Pinto Shekib LLP can help you when:

• You are an executor facing a potential lawsuit.
• You believe a will is invalid or was made under undue influence.
• An executor refuses to provide accounting or is mismanaging assets.
• Family members are fighting over the estate.
• You’ve received a demand letter or claim related to an estate.

At Pinto Shekib LLP, our Toronto estate litigation team will:

• Provide a thorough initial consultation.
• Assess whether litigation is worth pursuing.
• Discuss costs, timelines, and possible recovery.
• Keep you informed with regular updates.
• Offer honest advice on settlement versus trial.

Estate disputes can be emotionally draining and financially costly. Some cases resolve quickly through negotiation; others may take months or years. Our goal is always to protect your rights and achieve a fair outcome.

If you’re involved in an estate dispute — whether as an executor, beneficiary, or claimant — don’t face it alone. At Pinto Shekib LLP, our experienced Toronto estate litigation lawyers will help you understand your options, protect your interests, and work toward the best possible resolution.

📞 Call: 416-901-9984
📧 Email: info@pintoshekib.ca