Estate Litigation Lawyers in Ottawa, Ontario

Estate disputes turn on deadlines and documents. Francis Mehr LLP specializes in estate litigation in Ottawa and across Ontario: dependant's support (Part V of the Succession Law Reform Act (SLRA)), guardianship disputes (Substitute Decisions Act, 1992 (SDA)) and executor removal, and handles spousal equalization (Family Law Act (FLA) ss. 5–6). Book a consultation with the lawyers at Francis Mehr LLP: (613) 226-1011.

Estate Deadlines You Cannot Miss

Which Estate Dispute Are You Facing?

The will may not reflect what they wanted

See SLRA s. 4(2), s. 21.1(1) and r. 74.15(1)(f), and how a will challenge works. What to do next: preserve the will and signing-date records.

A transfer may still belong to the estate

A gratuitous transfer is presumed a resulting trust; the transferee must prove a gift (Waters Estate v. Henry, 2026 ONCA 704, paras. 49, 62). After death, Evidence Act s. 13 requires other material evidence the transferee's own evidence cannot supply (paras. 90–92, 98). What to do next: preserve transfer and bank records.

You depended on the person who died and were left short

A dependant (spouse, parent, child, or brother or sister whom the deceased was supporting, or legally obliged to support, immediately before death) may seek adequate provision from the estate (SLRA ss. 57(1), 58(1)). See dependant's support claims. What to do next: gather proof before the six-month deadline.

The executor won't show the numbers

A person with a financial interest can seek a passing of accounts or a statement of assets at death (r. 74.15(1)(d), (h); Estates Act, s. 49(2)–(3)). What to do next: collect the accounts you have.

The executor should no longer be in charge

The court may remove an executor or administrator and appoint another proper person (Trustee Act, s. 37(1), (3)). What to do next: set out the conduct and dates.

A married spouse is weighing the will against an equalization claim

If the deceased's net family property exceeds the survivor's, the survivor is entitled to one-half the difference (FLA s. 5(2)). Section 6(10) requires filing with the Estate Registrar for Ontario within six months after death; otherwise the spouse is deemed to take under the will or the SLRA entitlement, or both, unless the court orders otherwise (s. 6(11)). What to do next: calendar the six-month date. See our guide to the spousal equalization election on death.

A parent's attorney for property may be misusing money

The court may order an attorney's or a guardian of property's accounts passed (SDA s. 42(1)–(4)). See powers of attorney. What to do next: keep the document and bank records.

A relative needs a guardian, or a guardianship should be reviewed

The court may appoint a guardian of property or of the person (SDA ss. 22(1), 55(1)) but shall not if a less restrictive course will meet the need without a finding of incapacity (ss. 22(3), 55(2)), and may terminate a guardianship on motion (ss. 28(1), 63(1)). What to do next: gather any power of attorney or order.

The Ottawa Court Path, Step by Step

In the Superior Court of Justice in Ottawa:

1. Lock down records. Wills, certificates, statements, medical records, messages.

2. Object or return the certificate. Notice of objection before it issues (r. 75.03(1)); after, a motion for return (r. 75.05(1)).

3. Apply for directions (r. 75.06(1)).

4. Mediate. Mandatory mediation applies to listed Ottawa estate proceedings (r. 75.1.02(1)(a)(iii), (b); Consolidated Practice Direction for the East Region, effective 30 June 2025, paras. 37 and 40). The court can exempt a case (r. 75.1.04).

5. Hearing or trial. See Thiessen and Newell.

Bring These to Your First Meeting

• The will, earlier wills and codicils

• The certificate of appointment, if issued

• Estate accounts or statements

• A timeline of the death, grant and distributions

• Names of the executor, beneficiaries and drafting lawyer

• Medical or care records you can access

• Key messages

Who We Act For

We act for beneficiaries, dependants, surviving spouses, family members of an incapable person, and estate trustees defending their accounts. See estate administration and wills.

Estate Litigation Questions, Answered

What deadline applies if I relied on the deceased for financial support?

A dependant's support application under the Succession Law Reform Act generally cannot be made more than six months after letters probate or letters of administration are granted (SLRA s. 61(1)). The court can allow a later application, but only against the part of the estate that has not yet been distributed (s. 61(2)). Get advice well before the six months run out.

Can a will that was not signed or witnessed correctly still be upheld?

Possibly. If the Superior Court of Justice is satisfied that a document that was not properly executed sets out the deceased's testamentary intentions, it can order on application that the document is as valid as if it had been properly executed (SLRA s. 21.1(1)).

How do I make an executor show how the estate's money was spent?

A person with a financial interest in the estate can ask the court to order the estate trustee to pass accounts (r. 74.15(1)(h)). On a passing of accounts, the judge can make a full inquiry into the estate's property and its administration (Estates Act, s. 49(2)), and can order the estate trustee to pay damages to the estate for proven misconduct, neglect or default that caused a financial loss (s. 49(3)).

Who can ask the court to replace an executor, and what can the court do?

An executor who wants to be relieved, a co-executor who objects to the other's conduct, or any person interested in the estate can apply (Trustee Act, s. 37(3)). The Superior Court of Justice can remove an executor or administrator on any ground on which it can remove another trustee, and can appoint another proper person in their place (s. 37(1)).

Do Ottawa estate cases have to go through mediation?

Many do. Under Rule 75.1 of the Rules of Civil Procedure, mediation is mandatory in listed estate proceedings started in the City of Ottawa, including will challenges, dependant's support claims, contested passings of accounts, claims against an estate, and applications under the Estates Act, the Trustee Act or the Substitute Decisions Act, 1992. The court can exempt a case from mediation.

Is there a time limit to sue an estate over something the deceased did?

Yes. An action against an executor or administrator for a wrong the deceased committed to another person or to their property generally cannot be brought more than two years after the death (Trustee Act, s. 38(2)–(3)). The Court of Appeal for Ontario applied this deadline strictly in Thiessen v. Thiessen Estate, 2026 ONCA 730, para. 26.

How long does a surviving married spouse have to choose between the will and an equalization claim?

Under the Family Law Act, the surviving spouse's election must be filed with the Estate Registrar for Ontario within six months after the first spouse's death (FLA s. 6(10)). If it is not filed in time, the spouse is deemed to have elected to take under the will, the intestacy rules, or both, unless the court orders otherwise (s. 6(11)).

What evidence helps when capacity or undue influence is in question?

Useful evidence often includes medical and care records from around the time the will was signed, the drafting lawyer's notes and file, earlier wills, and accounts from people who saw the will-maker regularly. Identify and preserve these records early, before they are lost or destroyed.

Book a Consultation on Your Estate Dispute

Book a consultation with the lawyers at Francis Mehr LLP: (613) 226-1011, or contact us.

Written by the lawyers of Francis Mehr LLP. Updated November 13, 2026. General information, not legal advice. Every estate dispute turns on its own facts; get advice on your situation before you act.