Dealing with a Difficult Estate? We Handle Disputes and Administration Across the GTA

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We represent beneficiaries, executors, and families in estate litigation. Strategic, practical representation for beneficiaries, executors, trustees, and families in estate disputes

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We handle every type of estate dispute - and we get results.

Will Challenges

Contest or defend a will on grounds of lack of capacity, undue influence, improper execution, or fraud. We represent both challengers and estate trustees.

Trustee & Executor Disputes

We act for beneficiaries seeking the removal of a trustee or executor who has mismanaged, delayed, or acted improperly — and for fiduciaries defending their conduct.

Trust Disputes

Disputes over the creation, administration, or interpretation of a trust can be deeply complex. We act for trustees and beneficiaries in contested trust matters at all court levels.

Passing of Accounts

When an executor or trustee's management of estate funds is in dispute, we represent beneficiaries demanding accountability or fiduciaries defending their accounts.

Power of Attorney Disputes

We assist clients dealing with attorneys who abuse their authority or act against the grantor's best interests, and represent grantors and their families throughout.

Elder Financial Abuse

Seniors are particularly vulnerable to financial exploitation. We pursue and defend claims of elder abuse, unjust enrichment, and constructive trust on behalf of victims and their families.

Mediation & Alternative Dispute Resolution

Estate disputes are emotionally charged and expensive. Where appropriate, we help clients resolve conflicts efficiently through mediation and arbitration before resorting to court.

Dependents' Support Claims

If you were financially dependent on the deceased but were excluded from the will or left with inadequate provision, you may have a legal claim against the estate.

Guardianship & Capacity Issues

When a person can no longer manage their own affairs and there is dispute over who should act, we provide experienced guidance through all stages of guardianship proceedings.

Family Law Act Claims in Estates

When a surviving spouse elects to receive an equalization payment instead of their entitlement under a will, both executors and spouses need knowledgeable legal counsel.

Barry Nussbaum – JD, MBA, Senior Lawyer

Barry Nussbaum is a respected member of both the Ontario and New York Bars.

He completed the combined JD/MBA program at Osgoode Hall and the Schulich School of Business. Prior to practicing law, Barry was an associate at an international consulting firm, where he provided international tax consulting services to Canadian multinational companies.

Barry Nussbaum represents clients in all areas of family law, including divorce, support, property division, and domestic contracts (prenuptial, cohabitation, separation, and parenting agreements).

Barry also assists clients involved in child protection matters with the Children’s Aid Societies.

Meet the team

Understanding Estate Litigation

Estate litigation refers to legal disputes that arise after a person passes away, involving their will, estate assets, or the conduct of those responsible for administering the estate. These disputes can surface between family members, beneficiaries, executors, trustees, or third parties.


Common triggers include:

  • A will that appears to have been signed under pressure or when the deceased lacked capacity
  • An executor who delays distribution, fails to account for assets, or acts in their own interest
  • A family member who believes they were wrongfully excluded or inadequately provided for
  • A surviving spouse weighing their options under the Family Law Act
  • An adult child who provided years of care to a parent in exchange for a promise that was never honored in the will

 

Estate litigation is emotionally intense and legally complex. It intersects with family dynamics, tax law, real estate, and evidence rules that apply nowhere else in civil litigation. Having a lawyer who works exclusively in this field — not one who handles estate matters on the side — can make a meaningful difference in your outcome.

When to update your will in Ontario

What real clients say about us

Trusted by families across the Greater Toronto Area & Ontario for reliable, results-focused legal help

Why Families and Fiduciaries Trust Nussbaum Law for Estate Disputes

Get clarity on your case in a free 30-minute case review.

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Start your case today. It’s free, simple, and we’ll reach out within one business day to walk you through next steps.

– Barry Nussbaum, JD, MBA, Senior Lawyer

Frequently Asked Questions

Answers to common concerns about eligibility, duration, and legal obligations

Generally, yes, though timing matters significantly. An estate litigation lawyer can review your specific circumstances and advise whether a challenge remains viable.

Anyone with a financial interest in the estate — including beneficiaries named in the will, those who were excluded, dependents, surviving spouses, and creditors — may have standing to bring a claim.

 Ontario courts have moved away from the traditional practice of automatically ordering costs paid out of the estate. The modern approach follows civil litigation cost rules — generally, the losing party bears costs — with limited public policy exceptions. We discuss costs openly from the start.

mandatory mediation may apply in Toronto, Ottawa, and Essex County estate proceedings, depending on the nature of the case.

You have options — including applications to compel an accounting, seek directions from the court, or pursue the executor’s removal. We can advise you based on the specific conduct at issue.

Yes. We offer a free initial case review so you can understand your position before committing to legal representation.

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