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FAQs Answered by Our Estate Lawyer Serving the York Region

Do I need an estate lawyer in the York Region to draft my will?

Yes, it’s always best to have a local lawyer well-versed in the subject at hand when you’re facing a task like drafting a will or a living trust. At Donnell Group, we have experienced estate lawyers capable of explaining the options available to you. We understand what is needed to create a valid will and can answer any questions you have about choosing an executor or guardian for children.

What can I do if someone is abusing their power of attorney privileges?

Abuse of power of attorney is a complex situation that requires an experienced lawyer. Managing someone’s finances and decisions about their care means that the person trusts you, sometimes literally, with their life. If you are concerned that the appointed person is not acting in the best interest of your loved one, contact an estate litigation lawyer at Donnell Law Group immediately to discuss the situation.

How do I challenge a will?

Challenging a will is something that should never be done lightly. If you feel that you have legal reason to challenge a will, an estate lawyer in Ontario is needed to guide you through the steps. This starts with making sure the will is not probated. You will also need to file a Notice of Objection with the court registrar. Contesting the will immediately is always best, so don’t waste any time in contacting an estate litigation lawyer at Donnell Law Group for an immediate consultation.

What are the reasons why a will would be challenged?

A will may be challenged for various reasons. Some of the more common ones include:

Undue influence of the testator

The testamentary capacity of the testator is in question

Contents of the will were not approved by testator or testator did not have knowledge of contents

Will is not compliant with requirements of the Succession Law Reform Act

What is undue influence?

From an estate law perspective, undue influence is often associated with testamentary planning. When a testator is coerced or pressured to the point where they are no longer acting independently, undue influence may be argued. The testator may be forced to include certain gifts within a will that are against his wishes. People may become a victim of undue influence due to fear, loneliness or illness.

What is unjust enrichment?

Unjust enrichment is a legal doctrine is based on the principal that one party should not be able to benefit at the expense of another party without just compensation. Essentially, unjust enrichment states that you should pay for the reasonable value of any property, products or services that have been unfairly received. Often used in a commercial context, this doctrine applies to many situations, including estate litigation.

I’m worried that the executor of a will is stealing. What should I do?

The job of an executor is, generally, to protect the assets of the deceased and to make sure they are distributed as outlined by the deceased in their will. If you believe that an executor of a family member’s will is acting improperly or not fulfilling their obligations, it is vital that you see an estate litigation lawyer right away. Call Donnell Law Group to request an immediate consultation.

I have a loved one who is no longer able to make decisions. How should I handle this situation?

If you feel that a loved one is no longer able to make decisions for their own best interests regarding medical care and property, he or she may need a capacity assessment. By getting a capacity assessment, you may be able to help prevent your loved one from becoming a victim of financial exploitation, physical abuse or neglect. In the event that a will has already been drafted, you may need to consider a capacity proceeding. Contact a local estate litigation lawyer from Donnell Law Group to discuss creating a power or attorney for property and/or a power of attorney for personal care.