When a loved one passes away, the last thing anyone expects is a dispute over their estate. Yet estate conflicts are more common than most people realize, and they can be among the most emotionally painful and financially damaging legal battles a family can face. Whether you are challenging the validity of a will, questioning the conduct of an executor, or fighting for your rightful share of an estate, you need a lawyer who will stand firmly in your corner. WisebergLaw represents beneficiaries, executors, dependants, and family members in estate litigation matters across Ontario.

A will can be challenged on several grounds under Ontario law. The most common grounds include lack of testamentary capacity — meaning the person who made the will did not have the mental capacity to do so — and undue influence, meaning someone pressured or manipulated the deceased into making or changing their will. A will can also be challenged if it was not properly executed, or if there is evidence of fraud. WisebergLaw assists clients in investigating and pursuing will challenges, gathering the evidence needed to build a strong case and representing your interests in court.

An executor has a legal duty to administer the estate honestly, diligently, and in the best interests of the beneficiaries. When an executor fails to fulfill those duties — whether through mismanagement, self-dealing, delay, or outright fraud — beneficiaries have the right to take legal action. WisebergLaw assists beneficiaries in holding executors accountable, including bringing applications to remove an executor, compel an accounting, or recover assets that have been misappropriated.

Under Ontario’s Succession Law Reform Act, certain individuals have the right to claim support from an estate even if they were left out of the will or received an inadequate share. This includes a deceased person’s spouse, children, and other dependants who were being supported at the time of death. WisebergLaw assists dependants in making claims for support against an estate, as well as assisting estates in responding to such claims.

Estate litigation is complex, emotionally charged, and time-sensitive. There are strict limitation periods that apply to estate claims in Ontario, and missing a deadline can mean losing your right to pursue a claim entirely. If you believe you have an estate dispute, it is critical to get legal advice as soon as possible.