Lawyers Who Practice Estate Litigation Law
Our estate litigation lawyers have extensive experience representing clients throughout Windsor and Essex County. Click on a lawyer below to learn more.
When someone you love dies, the last thing you expect is to end up in conflict over their estate. But grief and money have a way of colliding. Suddenly, you find yourself wondering whether a loved one's true wishes were honoured, whether someone pressured them, or whether the person managing the estate is acting fairly. Feeling unsure about what to do next is completely normal.
At Stipic Binder Drake Reynolds LLP, we have spent decades helping Windsor-area families work through painful estate disputes. We understand these matters are about far more than money — they are about family, memory, and fairness — so we handle them with care and discretion.
Table of Contents
- Contesting or Challenging a Will in Windsor
- Defending a Will or an Estate
- Dependant Support Claims
- Executor and Estate Trustee Disputes
- Power of Attorney and Guardianship Disputes
- Questions About Estate Litigation in Ontario
- Who can contest a will in Ontario?
- What are the grounds for challenging a will?
- Is there a time limit to contest a will or bring an estate claim?
- What is a dependant support claim?
- Can an estate trustee or executor be removed?
- Do estate disputes always go to court?
- Who pays the costs of estate litigation?
- What should I do if I think a will is not valid?
- Facing a Will or Estate Dispute? Our Windsor Estate Litigation Lawyers Can Help.
Contesting or Challenging a Will in Windsor
Anyone who believes they have a financial interest in an estate can ask the court to challenge or contest a will in Ontario. People often raise a challenge when they were left out of a will they expected to be part of, or when something about the will simply does not seem right. These cases can be difficult to prove, and a challenge usually rests on one or more of the following grounds:
- The formal requirements for a valid will were not met, such as a missing witness, no signature, or no original copy of the will.
- The testator, the person who made the will, did not have the mental capacity to understand what they were doing.
- The testator was pressured or unduly influenced into making a will that did not reflect their true intentions.
If you are thinking about contesting a will, it helps to speak with a lawyer early. We can review the circumstances, explain whether you may have grounds, and advise you on the best path forward.
Defending a Will or an Estate
Not every challenge is well-founded. If you are an estate trustee or a beneficiary facing a claim, you have the right to defend the will and honour the deceased's wishes. We help estate trustees and beneficiaries respond to challenges, protect a valid will, and keep the estate moving forward so it can be settled.
Dependant Support Claims
Ontario law allows certain people who relied on the deceased, such as a spouse or a child, to claim support from the estate if they were not adequately provided for. These claims fall under the Succession Law Reform Act and can be time-sensitive. We help dependants pursue the support they are entitled to, and we help estates respond to these claims fairly.
Executor and Estate Trustee Disputes
When an estate trustee is not doing their job, beneficiaries can take action. Common concerns include long delays, poor record-keeping, mismanaging assets, or a conflict of interest. The court can require a trustee to account for how they handled the estate, a process called a passing of accounts, and in serious cases remove and replace them. We act for beneficiaries raising these concerns and for trustees defending the decisions they have made.
Power of Attorney and Guardianship Disputes
Disputes can also arise while a person is still living, often when a family worries that an attorney for property or personal care is misusing their authority. Ontario's Substitute Decisions Act governs these roles. We help families address concerns about an attorney or guardian, including asking for a formal accounting or asking the court to step in to protect a vulnerable loved one.
Questions About Estate Litigation in Ontario
Who can contest a will in Ontario?
Generally, anyone with a financial interest in the estate can contest a will. This often includes spouses, children, other family members, beneficiaries named in an earlier will, or someone who believes they should have been provided for. We can review your situation and let you know where you stand.
What are the grounds for challenging a will?
A will is usually challenged on one of three grounds: the formal requirements for a valid will were not met, the person who made the will lacked the mental capacity to do so, or they were pressured or unduly influenced. Proving these grounds takes evidence, which is why it helps to involve a lawyer early.
Is there a time limit to contest a will or bring an estate claim?
Yes. Many estate claims, including dependant support claims, have strict deadlines, and waiting too long can affect your rights. Because the time limits vary depending on the type of claim, it is best to speak with a lawyer as soon as you have concerns.
What is a dependant support claim?
A dependant support claim allows certain people who relied on the deceased, such as a spouse or child, to ask the estate for support if they were not adequately provided for. These claims are time-sensitive, and the court looks at the relationship, the dependant's needs, and the size of the estate.
Can an estate trustee or executor be removed?
In some cases, yes. If a trustee is mismanaging the estate, failing to keep proper records, or acting in a conflict of interest, the court can require them to account for their actions and, where warranted, remove and replace them. We help beneficiaries raise these concerns and help trustees respond.
Do estate disputes always go to court?
No. Many estate disputes are resolved through negotiation or mediation, which is often faster, more private, and less costly than a trial. Going to court is sometimes necessary, but it is usually not the first step. We will explain which approach makes the most sense for your situation.
Who pays the costs of estate litigation?
It depends on the case. In some situations, the estate pays certain costs, and in others, the court orders one party to pay. There is no guarantee about who will bear the costs, so we will talk through the likely expenses and risks with you before moving forward.
What should I do if I think a will is not valid?
Start by keeping any documents and information that may be relevant, and avoid signing anything that gives up your rights. Then speak with a lawyer promptly, since deadlines can apply. We can review the details and explain your options.
Facing a Will or Estate Dispute? Our Windsor Estate Litigation Lawyers Can Help.
You do not have to sort out a difficult estate dispute on your own. Our Windsor estate litigation lawyers are ready to listen, explain your options, and help you protect what matters most. Call us at (519) 254-6433 or contact us online to get started. We help clients in Windsor, Tecumseh, LaSalle, Belle River, Kingsville, Leamington, Chatham-Kent, Sarnia-Lambton, and across Ontario.