Probate (Certificate of Appointment of Estate Trustee) Disputes in Ontario

Are you concerned that the wrong will is being submitted for probate, that a person without proper authority is attempting to administer an estate, or that an application for a certificate of appointment is proceeding without relevant information being disclosed? Are there competing wills, competing applications to administer the estate, or disagreements about who should act as estate trustee? Or are you an applicant facing an objection that is delaying probate and preventing the estate from being administered? Probate litigation can delay access to estate assets, prevent necessary distributions, increase costs, and intensify disagreements among beneficiaries and family members.

What probate litigation may involve

A probate dispute may involve which will is the deceased’s last valid will, whether a lost or destroyed will should be admitted to probate, whether the named estate trustee is willing and legally entitled to act, or who should administer an estate where there is no valid will or available executor.

Disputes may also concern:

• competing applications for a certificate of appointment
• objections to the issuance of a certificate
• the interpretation of appointment provisions
• renunciations
• consents
• security requirements
• whether an existing certificate should be revoked or amended

Procedure and evidence

The appropriate procedure and evidence will depend on the nature of the dispute, the available testamentary documents, the status of the probate application, and the competing parties’ interests.

How Zel Law can help

If you are applying for probate, objecting to a probate application, responding to an objection, or involved in a dispute over who should administer an estate, speaking with an estate litigation lawyer early can help you assess the documents, the available evidence, and the most appropriate procedure. Zel Law’s litigation lawyer has experience with probate and estate proceedings involving the validity and status of wills and applications for certificates of appointment. Book a consultation to discuss the will and any prior wills, probate documents, notices and objections, correspondence, information concerning the proposed estate trustee, and the legal options that may apply.

Related disputes

This is part of Zel Law’s estate litigation practice in Ontario. For how fees work, see our flat-fee options.

• Will Challenges
• Executor & Estate Trustee Disputes