Estate Litigation

At Sodagar & Company, we act for executors, administrators or trustees, heirs and beneficiaries, and persons who feel they have been wrongfully excluded from a share of an estate. We have assisted client’s in contesting or challenging the validity of a will

where concerns arise about the maker’s mental capacity, undue influence or knowledge or approval of the document. We thoroughly review the deceased’s will and advise our client’s before making claims whether:

  1. the formalities of making a will are present, which include:  i) being at least 16 years of age and mentally capable of making a will; ii) The will must be in writing and the contents of which must be approved by the will maker; iii) signed at the end by the will maker before two witnesses who were present at the same time and signed by the two witnesses in front of the will maker.
  2. mental capacity: the will maker must have been of sound mind and memory meaning he or she was able to understand on its own initiative the essential elements of will
  3. Undue influence: The will maker must not have been subject to undue influence in making the will. Influence refers to the ability of one person to dominate the will of another, whether through manipulation, coercion, or outright but subtle abuse of power (Geffen v. Goodman, 1991 2 R.C.S.)

We also act for family members of the deceased who seek to vary a will under the Wills, Estates and Succession Act to obtain a greater share of the estate than what had been contemplated under the deceased’s last will. We advise estate executors or administrators as to their responsibilities and obligations in the administration of estates and trusts including defending claims by creditors or other parties against the estate.

At Sodagar & Company, we assist family members where a committee appointment of a legal representative for an incapable adult is required to assist with the person’s financial and legal affairs or personal care decisions. We also advise family members and dependents where there are vulnerable elderly members who require financial protection and act to recover assets for persons who have suffered a loss.

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