Estate Disputes in Ontario: What You Need to Know

Estate disputes are among the most emotionally charged legal battles families face. When a loved one passes away, conflicts over their will, assets, or final wishes can tear families apart and drain the estate’s value through prolonged litigation. Understanding what estate disputes involve, what happens when a will is contested, and how to avoid common mistakes can help you protect your family’s interests and your loved one’s legacy.

An estate dispute is a legal conflict that arises after someone’s death regarding how their assets should be distributed, who should manage the estate, or whether their will accurately reflects their wishes. 

These disputes are handled through Ontario’s estates litigation process and can involve beneficiaries, family members, creditors, or other parties with an interest in the estate.

Common types of estate disputes include:

Will contests: Challenging the validity of the will based on claims of undue influence, lack of testamentary capacity, improper execution, or fraud.

Beneficiary disagreements: Disputes over how assets should be divided among beneficiaries or whether certain people were unfairly excluded.

Executor conflicts: Challenges to how the estate trustee is managing the estate, accusations of mismanagement, or disputes over executor compensation.

Property disputes: Fights over who inherits specific assets like the family home, business interests, or valuable personal property.

Dependant support claims: Claims by dependants who believe they were inadequately provided for in the will.

Power of attorney disputes: Allegations that someone misused their power of attorney before the person’s death.

Estate disputes can last months or years, cost tens of thousands of dollars in legal fees, and permanently damage family relationships. The estate itself pays for much of the litigation costs, reducing what beneficiaries ultimately receive.

When someone contests a will in Ontario, they’re asking the court to declare the will invalid or to change how the estate is distributed. The process involves several stages and can significantly delay estate settlement.

Filing the Contest: The person challenging the will must file an application with the Ontario Superior Court of Justice explaining their grounds for the contest and what remedy they seek. Common grounds include lack of testamentary capacity (the deceased didn’t understand what they were doing when making the will), undue influence (someone pressured or coerced the deceased), improper execution (the will wasn’t properly signed and witnessed), fraud, or that a newer will exists.

Estate Administration on Hold: Once a will contest is filed, the probate process typically freezes. The executor cannot distribute assets to beneficiaries until the dispute is resolved. Only essential estate expenses and debts can be paid. This means beneficiaries may wait years to receive their inheritance.

Evidence Gathering: Both sides gather evidence to support their position. This includes medical records to assess the deceased’s mental capacity, testimony from the lawyer who drafted the will, statements from witnesses who observed the deceased’s condition, financial records showing suspicious transactions, and communications between the deceased and beneficiaries.

Court Proceedings: Estate litigation trials can be lengthy and expensive, with each side presenting expert witnesses, medical evidence, and testimony from family members and caregivers.

Possible Outcomes: The court may uphold the will as valid, declare the will invalid (causing the estate to be distributed according to an earlier will or intestacy laws), find that portions of the will are invalid while upholding others, or approve a negotiated settlement between the parties.

Costs: The losing party typically pays a portion of the winning party’s legal costs in addition to their own. However, courts sometimes order costs to be paid from the estate itself, especially if the challenge had some merit even if unsuccessful. This can devastate the estate’s value.

To discuss your case, contact us at 416.901.9984 or info@pintoshekib.ca.