Table of Contents
Explore the fastest-growing estate litigation disputes in Canada in 2026, including will challenges, inheritance claims, and key court trends.
Estate Litigation: Common Causes of Will and Inheritance Disputes
Estate litigation is an area of law that addresses disputes over issues like:
- What should happen to the assets of a deceased person;
- Whether or not a will is valid; and
- Who should administer a deceased person’s estate.
In this blog, we’ll discuss some common causes of estate litigation, focusing on certain social and financial factors that can increase the likelihood of estate litigation occurring. Understanding the common causes of estate litigation can help you take measures to prevent litigation over your own estate or a loved one’s estate.
What Is Estate Litigation?
This refers to any legal dispute related to a person’s estate.
An Estate includes:
- everything a person OWNED (Assets like money, real estate, investments, personal items, business interests, and sometimes digital assets); and
- Everything a person OWED (Liabilities such as taxes, debt payments and contractual obligations).
Estate Litigation (also known as a lawsuit or legal action) occurs when someone brings an estate-related dispute to court for resolution. Typical disputes include the following.
- Will challenges:
People might contest a will’s validity. For example, someone might claim that the deceased lacked mental capacity to make the will; that the deceased was forced to sign the will; or that the will was not properly executed.
- Dissatisfaction with the estate administrator:
Someone might claim that the estate Administrator (also known as a personal representative, executor, or trustee) failed to do their duties (for example, by mismanaging assets or failing to provide necessary information about the estate to people who have the right to know that information).
- Power of Attorney disputes:
Conflicts can arise over a person’s property even when the person is still alive. For example, someone with Alzheimer’s might entrust their finances to someone via a Power of Attorney, only for that trusted person to carelessly squander their finances or fail to act in their best interest, which can lead to litigation.
- Disputes over who gets what:
Disputes may arise over how the deceased’s assets should be distributed. For example, some people might try to claim that the deceased owed money to somebody who was not mentioned as a beneficiary, or people might argue over unclear wording in a poorly prepared will.
When issues like these arise, people might litigate (go to court) to solve the dispute. These disputes can last for months or years and are often expensive for the parties involved, not to mention the detrimental impact these disputes can have on people’s relationships and personal lives.
Factors that Affect Estate Litigation
Anybody could become involved in estate litigation. However, the more people feel they have something to gain by commencing litigation, or something to lose if litigation is not commenced, the more likely litigation is to occur.
Below are some examples of social and financial factors that may affect the likelihood of estate litigation occurring.
- 1). Age, Health, and Estate Value
Broadly speaking, as people grow older, many of them:
- accumulate more property; and
- become more vulnerable to financial abuse.
If an opportunist thinks someone has money, they might try to take advantage of them. For example, an opportunist might try to trick or pressure a lonely or debilitated elderly person into giving them property or authority to act on the elderly person’s behalf. Of course, this could also happen to younger, healthier people, and even people who do not own much property. When someone suspects, whether correctly or incorrectly, that this has happened, litigation might arise.
One way to reduce the likelihood of people fighting over you and your property is by taking preventative action while you still have the ability to speak for yourself and make those decisions. You can prepare estate documents that designate trustworthy people to look after you and your property. Such documents should clearly let people know what you would have wanted, leaving as little room for argument as possible.
- 2). Complex Relationships
There may be conflicts between (i) a deceased’s legal obligations to other people and (ii) what the deceased would have wanted (or what people think the deceased would have wanted). Sometimes, people are not even aware of the extent of their legal obligations to other people, which can lead to unexpected, upsetting results if they fail to account for such obligations in their estate plans. It is often times an exercise of determining what the deceased intended.
Wills and other estate documents are not just one-size-fits-all templates that can be applied to every person. They can vary drastically depending on each person’s specific circumstances. For example, if you are part of:
- A blended family (for example, when a couple has biological children and stepchildren);
- A situation where you owe someone child support or spousal support; or
- A situation where you are estranged from someone who would normally be entitled to your property,
You should explain this to your lawyer when preparing your estate documents so your lawyer can help you prepare documents that suit your circumstances. Preparing estate documents with a lawyer can help you identify and address potential concerns that could lead to litigation down the road.
How You Can Reduce Litigation Risk
Although there are resources available to help you and your loved ones if estate litigation does occur, you can avoid a lot of stress and expense by taking preventative action ahead of time, when possible.
- 1). Clear and Current Estate Planning Documents
Clearly expressing your instructions and addressing problems ahead of time in your estate documents helps prevent disagreements that become the basis for litigation. A well-drafted Will, Power of Attorney, and Personal Directive can help you make your official wishes known, leaving less room for argument when you are no longer able to speak for yourself. A lawyer can help you detect possible problems with your estate plan that could lead to future litigation.
You should also review your estate plan every few years and whenever you undergo major changes in your personal circumstances, like changes to your personal relationships and financial situation. Doing so helps ensure that your instructions are up-to-date and take your legal obligations into consideration. Marriage, separation or divorce, or the birth of children or grand children may impact what your intentions are.
- 2). Communication With Beneficiaries
If possible and practical, having honest discussions with your potential beneficiaries (even if you do not plan to leave them anything) and professional advisors (like banks, insurance providers, and lawyers) about your estate plans, assets and liabilities can help set your and your beneficiaries’ expectations, reducing surprises that often lead to disputes and litigation. While these conversations can be difficult, they can prevent feelings of resentment and confusion later.
For example, sometimes beneficiaries argue over imagined property that they think the deceased owned. Sometimes beneficiaries accuse the estate administrator of hiding such property away. If your beneficiaries know what you actually owned, they will be less likely to raise such arguments, which can save the effort and expense of going to court to resolve the matter.
What if you gain or lose property over time? A lawyer can help you prepare estate documents that anticipate changes to your property ownership, which can reduce the time, effort and cost of having to make new documents every time your circumstances change.
What if Disputes Happen Anyways?
- 1). Alternative Dispute Resolution Methods
When disagreements do arise, instead of immediately trying to bring the problem to court, people should consider alternative dispute resolution (ADR) methods, like mediation. Many disputes can be resolved through ADR methods, which can be a lot less expensive and time consuming than litigation. Some ADR methods also focus on trying to reach a middle ground rather than leaving one side a “winner” and the other a “loser”, which can reduce the emotional strain and relationship damage that can result from combative litigation. Litigation is expensive and time-consuming and if at all possible should be avoided.
- 2). Estate Litigation Lawyers
Whether you choose to use ADR methods or still end up having to go to court, an estate litigation lawyer can:
- Help you evaluate the costs and benefits of the options available in your circumstances;
- Research applicable laws to enhance the strength of your position; and
- Carry out difficult tasks on your behalf, like going to court and communicating with argumentative claimants.
Summary
Estate litigation can occur when people are not satisfied with some aspect of a person’s estate. Awareness of the factors that contribute to estate litigation can help you mitigate the likelihood of estate litigation occurring, but if estate litigation does occur, there are ways to help you and your loved ones navigate through the process.
If you or someone you know is involved in an estate-related dispute or would like to figure out how to avoid such disputes in the first place, a lawyer at Forum Law LPP can help you take appropriate next steps.
Luctus nec ullamcorper mattis, pulvinar dapibus net leo. Quae cupidatat pretium varius.
- Law section
- Court
- Attorney
- Consult
