Clashes over Wills and Estates are frequently complicated by the grief experienced by family members and other family dynamics. At Francis Lawyers we are careful to draft Wills and plan estates to avoid disputes and litigation. If that situation should occur, we are highly experienced and capable of dealing with all facets of estate processing and litigation. Our goal is to treat the entire process with compassion and sensitivity.
Contested Wills and Trusts
In Ottawa, in the event of an estate contest, the first step is mandatory mediation. Our broad range experience in mediation gives us the ability to affect reasonable settlements for our clients but still preserve the family relationships involved.
We are adept at resolving a wide range of issues, including Will and Trust interpretation and the beneficiaries’ legal rights and obligations. An Estate trustee or executor is responsible for the management and distribution of estate assets, sometimes disputes arise about the way these duties are being administered. We are able to advise our clients about the options available to them and recommend the most feasible method to proceed. If it becomes necessary, we have the expertise to defend Estate trustees against allegations brought against them.
Estate LitigationWe are dedicated to protecting clients’ interests by providing expertise in a wide range of legal fields. Types of disputes that may arise include:
> Challenging a Will or trust
> Filing a Notice of Objection in the event of a trustee dispute
> Filing dependents’ relief claims when heirs are excluded from a Will or not sufficiently provided for
> Litigating trustee/executor disputes
> Litigating trustee compensation and passing of trustee accounts
> Seeking to remove estate trustees for dishonesty or incompetence