Estate litigation is the legal process of resolving disputes that arise during the administration of a loved one’s estate. Even well-planned estates can face challenges when disagreements occur between executors, beneficiaries, or trustees.
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Estate Litigation
Cunningham & Co. can protecting your interests and assist you with resolving estate disputes with strategic, practical, and compassionate legal support.
What is estate litigation?
- Valuation of estate assets
- Allegations of fraud or forgery
- Misappropriation or improper handling of assets
- Challenges to the validity of a will
- Disputes over the fairness or accuracy of distributions in a will
- And other conflicts that affect beneficiaries, executors, and family members
At Cunningham & Co., our estate litigation lawyer can help you evaluate whether you have a valid legal claim that may be worth litigating. If you have legal grounds, then we can help you assemble evidence and make an appropriate claim according to provincial regulations.
Common situations that may lead to estate litigation
- Conflicts between executors, beneficiaries, and trustees
- Disputes over how an intestate estate (an estate without a will) should be administered
- Mismanagement or improper handling of estate assets
- Misuse of a power of attorney before the person passed away
- An executor failing to follow the instructions set out in the will
- An executor refusing to disclose or properly account for the estate’s finances
- Wills variation claims due to unfair or inadequate distributions in a will
- Disagreements over whether a transfer was truly a gift or whether it should be treated as a trust asset for the estate
Any of these issues can delay probate, stall distributions, and in some cases even lead to irreversible distributions or a reduced estate value over time. Addressing the problems early helps protect both the estate and your peace of mind.
Red flags to watch for during estate administration
As a beneficiary, you’re entitled to transparency, honesty, and fair dealing throughout the administration of an estate. Unfortunately, problems sometimes arise — and knowing the warning signs early can protect both your interests and the value of the estate.
Here are some common red flags to watch for:
1. The executor is withholding information
Executors should communicate with beneficiaries in a timely and transparent manner. If an executor is avoiding questions, refusing to share updates, or providing vague or inconsistent explanations, this may signal deeper issues with how the estate is being handled.
2. No accounting or financial disclosure
Executors are legally required to keep detailed records and provide an accounting of the estate when requested or when required by the court. If the executor delays, refuses, or ignores these requests, it may indicate mismanagement or an attempt to conceal improper transactions.
3. Delays that don’t add up
Some delays in estate administration are normal. However, unexplained or prolonged delays in providing documents, filing probate, or distributing assets may be a sign of neglect, a conflict of interest, or misuse of estate property.
What you can do if you see these red flags
You have several options if you’re concerned about how an estate is being managed:
- Request an Accounting or Court Oversight. If an executor refuses to provide clear financial information, the court can order them to produce a full accounting or even trace missing assets.
- Removal and Replacement of an Executor. In serious cases — such as dishonesty, mismanagement, conflict of interest, or failure to carry out duties — the court has the power to remove the executor and appoint someone else. This step is typically taken when the executor’s conduct puts the estate or its beneficiaries at risk.
- File a Notice of Dispute (Form P29). A Notice of Dispute is a document filed in the probate registry to prevent a will from being probated until your concerns are addressed.
You may file a Notice of Dispute if you believe the will is invalid, the executor is unsuitable, or there are unresolved concerns about how the estate should be administered. However, bear in mind that filing a Notice of Dispute is time-sensitive — it should be filed as soon as possible once you become aware of potential issues. Filing early preserves your ability to challenge the will or the executor before probate proceeds.
Best practices for preventing estate litigation
While not every dispute can be avoided, there are several steps you can take to reduce the risk of conflict and protect your loved ones:
- Have a clear, professionally drafted will. Working with a lawyer who understands the bigger picture ensures your wishes are clearly expressed and potential risks are addressed in advance.
- If you’re an executor, keep detailed records. Maintain copies of all receipts, communications, decisions, and financial documents. Transparency and accuracy go a long way in preventing misunderstandings.
- If you believe an executor is acting improperly, seek legal advice early. Do not wait for the situation to escalate. Assets can be distributed or dissipated quickly, making them harder to recover later.
In all situations, keeping a clear paper trail is essential. Document your concerns and raise them with the executor or the executor’s representative as soon as possible. A lawyer can help you prepare letters or communications that clearly outline those concerns and protect your position as the matter progresses.
Remedies available in estate litigation
Navigating the administration of an estate can feel overwhelming, especially when you’re unsure of your rights or whether something has gone wrong. Fortunately, the law provides several tools and remedies to help protect your interests as a beneficiary or family member.
As mentioned above, if you have concerns about the validity of a will, you can file a Notice of Dispute to prevent the will from being probated until your concerns are addressed. If your worries relate to how the estate is being handled, the court can issue various orders — including orders for accounting, tracing of assets, or even the removal and replacement of an executor in serious cases.
If you are a spouse (including a common-law spouse) or a child of the deceased, you may also have the right to pursue a wills variation claim if you were left out of the will or believe the distribution is unfair.
Court is not the only path. Many estate disputes can also be resolved through negotiation or mediation, often saving significant time, cost, and stress.
Because each situation is unique, it’s important to speak with a lawyer who can help you understand the available remedies and develop the right strategy for your circumstances.
When to hire an estate litigation lawyer
It’s recommended to speak with an estate litigation lawyer as soon as you suspect a problem. Estate disputes often involve strict timelines and limitation periods, and waiting too long can affect your ability to take action.
At Cunningham & Co., we help clients assess their options, evaluate potential risks, and determine the most effective next steps. Whether your matter is best resolved through negotiation, mediation, or litigation, we provide strategic guidance to protect your interests and help you move forward with clarity.
If you’re facing a dispute or have concerns about how an estate is being handled, you don’t have to navigate it alone. Book a free consultation with Cunningham & Co. to discuss your situation, understand your options, and get clear guidance on the best path forward.
