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ESTATE LITIGATION

You may have legal rights to make a claim against an estate or the Estate Trustee and, regardless of whether you are named as a beneficiary to an estate or not, Red Booth Law will competently represent you by protecting all of your legal rights.

As an Estate Trustee, numerous tasks are involved and all duties and responsibilities of an Estate Trustee shall be performed. Where you believe the Estate Trustee failed to collect and secure all of the estate assets, is not paying creditors, rendering all accounts, paying all the appropriate beneficiaries, claiming too much in compensation or taking too long to administer an estate, you have legal rights to challenge the conduct of the Estate Trustee and can make a claim to the Ontario Superior Court of Justice.​

Being the most commonly recognizable form of Estate Litigation, we also handle matters related to contesting the validity of a Will. Where you believe the testator was lacking the necessary mental capacity, wasn’t provided with the knowledge and approval of the contents within their testamentary documents, or there may have been a presence of undue influence or fraud involved, we highly recommend you contact Red Booth Law and make a claim for the possibility to change the distribution of the testator's assets or even have the Will set aside as if it never existed.

Passing of Accounts: What is it and when should it be used?

Being an estates boutique, Red Booth Law fully understands the mandatory duties and responsibilities inherited by an executor/estate trustee. This includes proper handling of the deceased’s assets and providing the necessary accounts to all the appropriate beneficiaries.

 

Where you legitimately believe that the estate trustee is not performing their due diligence as a prudent trustee should be, you may have a possible claim. Within this type of estate litigation claim our estate litigation lawyer will force the estate trustee to be put into a position where they are required to provide all appropriate beneficiaries and the Ontario Superior Court of Justice formal accounting information for a certain period of time. Essentially, at Red Booth Law, our main objective is to have the Courts amend, revise, or decline the submitted documents.

 

Where the Ontario Superior Court of Justice passed (approved) the estate trustees accounting information and you have information to support the presence of fraud and/or a error, our estates team will have the accounting information reopened.

 

Finally, where you are or know of a beneficiary who is under the age of majority and/or incapable of making decisions on their own behalf, contact Red Booth Law for a free, no commitment consultation, as the estate trustee has an obligatory duty to pass their accounts.