Ontario Wills & Estates
Estate Litigation & Administration
When an estate becomes complicated, the first question is often whether the problem is a dispute, an administration task, or both. Nussbaum Law acts for Ontario clients in estate litigation and assists with the legal work of administering an estate, from probate applications to distribution. If your situation involves a will, an executor, or an inheritance, it may fall within one of these two areas.
- Will challenges and validity disputes
- Executor and trustee conduct concerns
- Capacity and undue influence claims
- Dependant support and beneficiary interests
- Probate and estate trustee guidance
- Estate accounts and distribution disputes
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Our Estate Services: Litigation and Administration
Estate Litigation
Will Challenges, Capacity, and Undue Influence
Questions about a will often turn on whether the will-maker had the capacity to make it, whether another person applied pressure, or whether the document was properly made. We act for clients on either side of these disputes, whether you are questioning a will or responding to a challenge. Having a concern does not automatically mean there is a valid claim; that depends on the facts.
Not every concern becomes a valid claim
Whether a dispute has legal merit depends on the facts, and assessing that is part of what a lawyer does.
Estate Litigation
Executor, Trustee, and Beneficiary Disputes
Disputes can develop over how an executor or trustee is handling an estate, from long delays and withheld information to estate accounts that do not reconcile or conflict about distribution. Related matters can involve powers of attorney, dependant support, beneficiary interests, or an inheritance left to a minor. We assist beneficiaries, executors, and trustees when these disagreements cannot be resolved informally.
Not Sure Where Your Matter Fits?
Plenty of estate matters involve some of each. Use the case review form to tell us what is happening with yours.
Estate Administration
Probate Applications and Certificates of Appointment
Probate is the court process through which a person applies for a Certificate of Appointment of Estate Trustee; it can confirm authority to act and address the formal validity of a will, but it is not required in every estate. Our administration work includes probate applications and the response when an application is opposed or an estate claim is made.
Estate Administration
Guidance for Estate Trustees
An estate trustee deals with the estate: collecting assets, paying taxes, bills, and debts, and distributing what remains to the beneficiaries. Each step carries duties and potential risk. We advise estate trustees on forms, responsibilities, and how to proceed when a question or dispute arises during administration.
Questions About Estate Litigation and Administration
Common questions about what our estate practice covers, how a dispute differs from administration, and where our services do not extend.
Does Nussbaum Law handle my kind of estate matter?
Our advertised estate work falls into two areas. Estate litigation covers disputes about a will, the conduct of an executor or trustee, beneficiary interests, capacity or undue influence, powers of attorney, dependant support, estate accounts, or the administration and distribution of an estate. Estate administration covers probate applications and legal guidance for the estate trustee who is settling an estate. Not every concern becomes a valid claim, so the practical first step is to look at the facts of your situation.
What is the difference between estate litigation and estate administration?
Estate administration is the work of settling an estate: collecting assets, paying taxes, bills, and debts, and distributing what remains. Estate litigation is a court dispute about some aspect of an estate, such as whether a will is valid or whether an executor has acted properly. In Ontario, litigation involving wills and estates is part of the civil court system. One estate can involve both, for example when a disagreement interrupts the estate trustee’s work.
Does every estate have to go through probate?
No. Probate is the court process used to seek a Certificate of Appointment of Estate Trustee. It can confirm authority to act and address the formal validity of a will, but it is not required in every estate. Whether a particular estate needs probate is worth asking about before assuming either way. A lawyer can also advise on the forms, duties, and risks involved, and on what happens if an application is opposed.
What does an estate trustee do?
An estate trustee is the person responsible for dealing with an estate, a role many people know by the word executor. The work can include collecting the estate’s assets, paying its taxes, bills, and debts, and distributing what remains to the beneficiaries. The role carries legal duties and potential personal risk, which is why many estate trustees ask a lawyer for advice on forms, responsibilities, and how to respond to an opposed application or an estate claim.
Can Nussbaum Law draft my will or prepare my estate plan?
Routine estate planning and routine will drafting are not promoted services at Nussbaum Law. Our estate practice is focused on disputes involving existing estates and on the administration work that follows a death. If your need is to make a first will or set up a general estate plan, a different legal service is the right fit. If you have a dispute about an estate, or you are responsible for administering one, that is the work we do.
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Clear advice, multiple strategies, and honest communication. Barry handled my case efficiently with fair, transparent billing throughout the process.
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Nussbaum Law handled my family matter with care, professionalism, and clear communication. I would confidently recommend their services.
Barry consistently provides timely, reliable legal support. I’ve used his services and referred others with full confidence every single time.
When an Estate Problem Needs Legal Help
Most estates are settled without serious conflict. Sometimes, though, a will does not look right, an executor stops answering questions, or the work of settling an estate stalls. Other times there is no disagreement at all, only the practical weight of administering an estate and the worry of getting it wrong. Nussbaum Law’s estate services cover both situations: litigation, when there is a dispute that may need a court, and administration, the legal and practical work of settling the estate itself.
Estate Litigation: Disputes About Estates
Litigation involving wills and estates is part of Ontario’s civil court system. Estate litigation begins when people disagree about something that matters: whether a will is valid, whether an executor or trustee is doing the job properly, or whether someone entitled to support has been left without it. A concern on its own does not establish a claim. Whether a dispute has legal merit depends on the facts, and assessing that is part of what a lawyer does.
Challenges to a Will
Disputes about a will often involve capacity or undue influence: questions about whether the will-maker understood what they were signing, or whether another person pressured them into it. These issues can be raised by beneficiaries, by people left out of a will, or answered by those who believe the will is sound. Estates involving blended families, where there are children or spouses from more than one relationship, can raise similar questions about who was meant to inherit and why.
Conduct of Executors, Trustees, and Attorneys
A second group of disputes concerns the people managing the estate or managing money before a death. Beneficiaries may face long delays, refusals to share information, estate accounts that do not reconcile, or distribution decisions they consider unfair. Related disputes can involve powers of attorney, particularly where financial decisions made during a lifetime affect what remains in the estate. Where an inheritance is left to a minor, disagreements can also arise over trustee or guardian appointments and how the funds are managed until the child is older.
Dependant Support
A person who depended on the deceased may be able to make a dependant support claim against the estate. These claims can be advanced or defended within estate litigation, and they often interact with other disputes about the will or the estate’s accounts.
Estate Administration: Settling the Estate
Administration is the work that follows a death. The person responsible is the estate trustee, the role most people know as the executor. An estate trustee’s responsibilities can include collecting the estate’s assets, paying taxes, bills, and debts, and distributing what remains to the beneficiaries. The role carries legal duties, and errors can create personal risk for the trustee, which is why trustees often work with a lawyer even where no one is disputing anything.
Probate and the Certificate of Appointment
Probate is the application to court for a Certificate of Appointment of Estate Trustee. The process can confirm the trustee’s authority to act and address the formal validity of a will. It is not required in every estate, so it is a question to resolve rather than an assumption to make in either direction.
Advice for Estate Trustees
A lawyer can advise an estate trustee about forms, duties, and risks at each stage of administration, and about what to do if an application for a certificate is opposed or an estate claim is made. Our administration work covers this kind of guidance, from the first steps after a death through to the final distribution of what remains.
Where Our Estate Services Begin and End
Nussbaum Law’s advertised estate work is estate litigation and estate administration. Routine estate planning and routine will drafting are not promoted services here. If you are looking to make a first will or set up a general estate plan, you will need a different service. If you have a dispute about an existing estate, or you are responsible for administering one, you are in the right place.
What to Do Next
If your situation may fit, use the case review form on this page or the Get a Free Case Review button. Describe what has happened so far: whether there is a will, who is acting as estate trustee, and what is concerning you. The details you share allow the firm to assess whether your matter fits our estate services.
Tell Us About Your Estate Matter
You do not need to know whether your matter is litigation, administration, or both before you reach out. Start with the case review form.
Barry Nussbaum, Managing Partner