Estate Litigation Process 🌟 Wills and Estates

When Do You Need Estate Litigation Lawyers?

Estate law can be a very complicated area of law because it tends to be quite emotional for the parties involved. When a loved one or family member passes, there may be complex estate matters and family dynamics which can lead to possible estate disputes. When this happens, it’s important to get legal advice from a reputable estate lawyer who has experience in the practice area.

At Hummingbird Lawyers LLP, our law firm not only has a team of qualified wills and estates lawyers but we also have a family law department to consult with, when estate and trust matters overlap.

How Does The Estate Litigation Process Work?
Are You Looking For An Estate Litigation Lawyer?

How Does The Estate Litigation Process Work?

We have put together a step-by-step process for your reference, to help you better understand what happens when a dispute arises. Estate disputes can cover a number of issues. You may for example be arguing over the estate trustees appointed. Perhaps powers of attorney disputes have arisen that you need legal advice on. Trustee disputes and all other dispute resolution matters go through the Ontario Superior Court, and here’s a basic rundown for you on what the process entails.

Step 1: Notice of Application

Here, a notice of an application gets filed with the superior court of justice and is served on all parties.

Step 2: Application Record

Here, the applicant, the one who is initiating the litigation, prepares their affidavit and evidence. This is where the applicant outlines the issues and the relevant law.

Step 3: Respondent’s Record

The respondent, the one who defends the applicant’s claims, has an opportunity to respond to the applicant’s documents.

Step 4: Reply By Applicant

Once the respondent files their response with the court, the applicant also receives a copy of it through their lawyer. The applicant here has the opportunity to respond by addressing any allegations or accusations made by the respondent and provide additional information (evidence and affidavits) to support their reply. A reply isn’t always necessary, and your estate litigation lawyer can advise you on your best course of action.

Step 5: Possible Motions To A Judge At Any Time

Motions can be made throughout this process at any time. A motion is a process for requesting that a judge make an order.

Step 6: Examinations

Examinations are when the parties who provide affidavits for the Record are questioned under oath by the opposing side.

Step 7: Mediation

This step is a mandatory part of the dispute resolution process, whereby both parties agree on, hire and split the cost of an impartial third-party mediator. Each side prepares a mediation brief to the mediator. In some jurisdictions, mediation is a required effort in resolving the issues before court.

Step 8: Hearing With A Judge

If necessary, a hearing with a judge is the final step in the litigation process. A judge will render a decision and make a final order.

Are You Looking For An Estate Litigation Lawyer?

At Hummingbird Lawyers LLP, we have handled many Toronto estate matters and matters throughout Ontario. We have two offices for your convenience. Providing qualified, skilled and experienced lawyers in Toronto and lawyers in Vaughan, we are committed to giving our clients the convenience, expertise and guidance they need. Our Wills and Estates lawyers always aim to efficiently and effectively resolve any disputes so that you can move forward.

We understand how difficult it can be to get caught up in the emotional and financial burden of estate litigation and we will work with you every step of the way to help you resolve your situation. Contact our team today for more information. We are always here to help and to offer you quality and sound legal advice.

For all other inquiries, please fill out this form and our Wills & Estates lawyers will get back to you

Estate Litigation Process, What You Need To Know