In Ontario, a valid will must reflect the free and informed intentions of the testator regarding the distribution of their estate upon death. It must also comply with the formal requirements set out in Part I of the Succession Law Reform Act. A will may be challenged on several grounds, including:

• Lack of Due Execution: The will does not meet the formal requirements for execution (e.g. not properly signed or witnessed).
• Lack of Testamentary Capacity: The testator did not have the mental capacity to understand the nature and consequences of making the will at the time it was signed.
• Lack of Knowledge and Approval: The testator did not understand or approve of the contents of the will. This often arises in cases involving suspicious circumstances, such as when a beneficiary is heavily involved in the preparation of the will.
• Undue Influence: The will was the product of coercion, manipulation, or pressure —whether subtle or overt — by another person, such that it does not reflect the true intentions of the testator.

Each of these grounds requires careful legal and factual analysis. If you believe a will may be invalid, it’s important to act promptly and seek legal advice, as strict timelines may apply.

Contact Pinto Shekib LLP at info@pintoshekib.ca or 416.901.9984 to schedule a confidential consultation.

In Ontario, a person is presumed to have capacity to make decisions, and compelling evidence is often required to overcome that presumption. Depending on the task at issue, the test for capacity may vary. For example, a person may have capacity to make a Power of Attorney, but not capacity to make a will. 

A finding of incapacity may have material consequences. For example, if a person did not have capacity to make a will, such that the will is invalid, then the estate may be distributed according to Ontario’s intestacy rules, rather than as the deceased may have intended.

Other important issues in capacity litigation arise when a person becomes mentally incapable of handling his or her own property or becomes unable to make personal care decisions. 

We can assist you in applying to Court to be appointed as a guardian for the incapable person by filing a guardianship application. These applications can be complex and require sworn affidavits, expert evidence, capacity assessments, management plans and much more. 

Contact Pinto Shekib LLP at info@pintoshekib.ca or 416.901.9984 to schedule a confidential consultation.

Family members often enter into “handshake” agreements involving assets (such as real estate, bank accounts, etc.), without clearly outlining the nature and scope of their legal rights in relation to the assets. For example, a son may contribute to the renovations and upkeep of an elderly parent’s home, with the understanding that the son will have some beneficial interest in that property. If, after the death of the parent, the estate denies the son his interest in the home, the son may have remedies available to him in equity. 

At Pinto Shekib LLP, we can help you bring equitable claims against an estate, or defend such claims on your behalf, including:

• Constructive Trust Claims; 
• Unjust Enrichment and Quantum Meruit Claims; and,
• Resulting Trusts Claims.

Contact Pinto Shekib LLP at info@pintoshekib.ca or 416.901.9984 to schedule a confidential consultation.

Ontario courts have inherent jurisdiction to remove trustees, although they are generally respectful of the testator’s choice of executor or trustee. However, removal may be ordered in circumstances where the trustee’s conduct jeopardizes the proper administration of the estate. 

Common grounds for removal include:

• Failure to administer the estate in a timely or prudent manner;
• Refusal or inability to provide a proper accounting;
• Breach of trust; or
• A complete breakdown in the relationship between the trustee and the beneficiaries, rendering continued administration unworkable.

There is no automatic right to removal. Each case is determined based on its specific facts and the court’s assessment of whether removal is necessary to protect the interests of the estate and its beneficiaries.

Whether you are seeking to remove a trustee or responding to such a claim, our lawyers can help guide you through this complex and sensitive process.

Contact Pinto Shekib LLP at info@pintoshekib.ca or 416.901.9984 to schedule a confidential consultation.

Broadly speaking, a passing of accounts is a formal procedure that the Court uses to examine the accounting and conduct of an estate trustee, attorney for property, a guardian of property or a trustee of a trust.  

Estate trustees, in particular, may voluntarily bring an application to pass accounts. Alternatively, the estate trustee may be compelled to do so by the Court. The accounts are either approved as presented, amended by Court order and passed in a revised form, or not passed at all. 

While the beneficiaries of the estate can compel passing of accounts, care should be taken before doing so. Beneficiaries may be liable for the estate trustee’s costs for same, if a Court ultimately finds that the application was unnecessary. 

To discuss initiating or responding to a passing of accounts application, contact Pinto Shekib LLP at info@pintoshekib.ca or 416.901.9984.