Estate Lawyer: Challenging & Contesting a Will
NOT EVERY WILL IS VALID SIMPLY BECAUSE IT WAS PREPARED BY A LAWYER
An estate lawyer is hired to help ensure a Will is prepared according to law and truly reflects the deceased intentions. However, a Will is not valid just because a lawyer was involved. There are a number of grounds to attack, challenge, contest, and set-aside Wills, even where prepared by an estate lawyer, on the basis of a Lack of Testamentary Capacity, Lack of Knowledge and Approval of the Will and Undue Influence.
IDENTIFYING A SUSPICIOUS WILL AND SUSPICIOUS CIRCUMSTANCES – THE IMPORTANCE OF EARLY INVESTIGATION
One of the critical things that an experienced estate lawyer can bring to a Will challenge / contest is the finding of suspicious circumstances in the creation of the Will or in the behaviour of these relevant parties. These may include any factors not limited to:
- Evidence of poor physical and mental health of the deceased before he died;
- Evidence that the deceased did not understand who his relatives were or the assets he owned;
- Suspicious beneficiaries;
- Poor language skills; and.
- Physical or emotional dependency or vulnerability.
Early identification of potentially suspicious circumstances is critical early on after a Will is presented so that the right to challenge / contest a Will is not lost and estates assets do not disappear. With over 25 years as civil and family litigator, Mr. Birnboim can effectively identify and investigate the existence of suspicious circumstances so that a Will can be properly challenged / contested.
Early investigation is critical as crucial evidence can be lost or concealed with the passage of time.
ADVANCING WILLS CLAIMS AND OTHER CLAIMS AGAINST ESTATES
Elliot S. Birnboim is a strong advocate known for achieving successful outcomes in some of the most challenging cases in Ontario proceedings and across Canada. He can work toward the outcome that best protects your interest in an estate (see our blog regarding a case he was involved in). Contact us for a free consultation to learn more.
CALL US FOR A FREE CONSULTATION
There is no charge for a first meeting. Get in touch today at 1-888-927-2280 to arrange a time. You can also use our online contact form.