Estate and Will Disputes in Ontario

Not every estate dispute involves contesting the will itself. Many disputes arise between beneficiaries, or between beneficiaries and the estate trustee, over how the estate is being administered. These matters can be just as financially significant and just as legally complex as a formal will challenge.

An estate dispute lawyer helps clients navigate the full range of conflicts that arise after a death, including disputes over the valuation and distribution of specific assets, disagreements about the sale of estate property, claims that an estate trustee is acting improperly or failing to administer the estate in accordance with its terms, and challenges to the conduct of an executor who has a conflict of interest.

Ontario law gives the court significant authority over estate administration. Where an estate trustee has mismanaged assets, delayed distribution without justification, favoured certain beneficiaries, or failed to account properly for estate funds, the court can compel accounting, remove the trustee, or order compensation for losses caused by the trustee’s conduct.

An estate dispute lawyer can assist with:

• Beneficiary disputes over the interpretation of will provisions
• Applications to pass accounts and review an estate trustee’s conduct
• Removal or replacement of an executor acting against the estate’s interests
• Claims for compensation where an estate trustee has caused financial loss
• Disputes involving jointly held assets, named beneficiaries on insurance policies, and property held outside the estate

Natalia Denchik works with both beneficiaries and estate trustees, advising each on their legal rights and obligations and helping resolve disputes through negotiation where possible, and through court proceedings where necessary.

An inheritance dispute arises when someone believes they have been unfairly treated in the distribution of an estate. This may be a family member who was excluded from a will without explanation, a dependent who was not provided adequate support, or a spouse whose entitlement under Ontario law was not honoured in the will’s terms.

Ontario’s Succession Law Reform Act gives dependants of a deceased person the right to apply to the court for support from the estate where the will fails to make adequate provision for them. A dependant includes a spouse, parent, child, or sibling who was financially dependent on the deceased at the time of death. This type of claim does not require proving the will is invalid. It is a separate statutory right to seek fair provision from an estate regardless of what the will says.

Spouses of a deceased person also have the right to elect between taking what the will provides and taking their equalization entitlement under family property law. Where a spouse was left less under the will than they would receive under an equalization claim, this election can result in a significantly larger share of the estate. The election must be made within six months of the grant of probate, making early legal advice essential.

Inheritance dispute help is available for:

• Dependant’s relief applications under Ontario’s Succession Law Reform Act
• A spouse’s election between the will and equalization entitlement
• Claims by children or other family members excluded from an estate
• Disputes over gifts made shortly before death that may have been made under undue influence
• Disagreements between beneficiaries about the value or distribution of specific assets

Inheritance disputes are often made more difficult by grief, family dynamics, and the urgency that comes with estate administration timelines. Natalia Denchik provides direct, practical guidance from the outset so you understand what you are entitled to, what can realistically be pursued, and how to move forward.