Estate Disputes

Guidance Through Complex Estate Issues

Disputes between beneficiaries and executors are becoming the norm rather than the exception. Family emotions run high when dealing with estates, especially when wills seem unfair, executors delay, or assets are mismanaged or disappear. These conflicts tear families apart at an already difficult time.

Today’s complex families, with second marriages, stepchildren, and blended assets, create more potential for disputes. We help families across Nova Scotia and Atlantic Canada resolve these emotional conflicts through negotiation when possible, or litigation when necessary.

Challenging a Will

Sometimes wills don’t reflect what seems fair or what was promised. Spouses, common-law partners, and children may have grounds to challenge wills in various circumstances.

Challenges may be based on: inadequate provision for dependents under the Testators’ Family Maintenance Act, lack of mental capacity when the will was made, undue influence or coercion, improper signing or witnessing, suspicious circumstances, or forgery. We also handle variation claims where the will is valid but unfair. Courts can vary wills to provide for spouses and children who were unfairly excluded or inadequately provided for.

Claims Against Estates

You have six months from the grant of probate to file most claims against an estate. Missing this deadline can permanently bar your claim, although extensions may be possible.

Claims include those made by spouses or children excluded from wills, unpaid debts or loans to the deceased, compensation for caregiving services, unjust enrichment for contributions to property, and challenges to gifts made before the deceased’s death. We act quickly to protect your rights, gathering evidence and filing claims within strict deadlines.

Defending a Will

As executor or beneficiary, you may need to defend a will’s validity against challenges. This requires proving the will represents the deceased’s true intentions.

Defence involves establishing that the testator had mental capacity, the will was properly executed, no undue influence occurred, and the terms reflected genuine wishes. We’ve successfully defended wills through proof in solemn form proceedings, using medical evidence, witness testimony, and documentation to uphold the deceased’s wishes.

Common Dispute Triggers

Multiple factors can create estate disputes, including executors who fail to communicate or provide accountings, delays in distributing assets, suspicious asset transfers made before death, unequal treatment of beneficiaries, and promises that weren’t documented. When executors benefit personally or when family members feel excluded, conflicts often escalate.

Resolution Approaches

• Mediation: We often recommend mediation first. A neutral mediator helps families reach an agreement without destroying relationships. This is faster and less expensive than the court.
• Litigation: When negotiation fails, we litigate aggressively. Estate litigation involves specific procedures and deadlines that require experienced counsel.
• Alternative Solutions: Sometimes creative solutions work best. We’ve resolved disputes through private sales, trust arrangements, and structured settlements that meet the needs of all parties involved.