Offices in Ottawa and Perth
(613) 722-1500

CONTACT US (613) 722-1500

Estate Litigation

Disagreements Over Estate Administration With No Will

Where a deceased person has not left a Will an intestacy occurs.  The question then arises as to who is entitled to step in and administer the estate.   Often, competing interests will occur. The Estates Act sets out the procedure for both testate and intestate applications, including who has priority to apply to administer on an intestacy and Ontario’s Succession Law Reform Act (the SLRA) identifies the classes of persons who may share in the distribution  of the estate in these circumstances (see Disagreements Where There Is No Will). . Of course, before any steps are taken to apply to administer an estate without a Will, it is necessary for the applicant to ensure that be satisfied that there is in fact no Will.  This can be done by making the appropriate inquiries of families and friends, contacting lawyers who are known to the deceased, database searches or placing inquiry advertisements in the local newspaper(s).

Typically a Court Application will be required to have the authority to administer an intestate estate.  In Ontario, only an Ontario resident can do so without having to post security.  Applicants who have a financial interest such as a claim against the Estate may be conflicted and disqualified from administering the Estate, but this will depend upon the circumstances.

Resolving competing claims in these circumstances can be complicated.  Many different and often competing rights of potential beneficiaries are at stake and the best advice is to retain professional assistance as early as possible.  Our lawyers are experienced in these matters, having assisted Estate Trustees and Beneficiaries alike.  If an out of court solution is available, we have the experience to find it.  If litigation is required, we have the team to provide efficient and cost conscious representation.

Connect with our Team

Offices in Ottawa and Perth     (613) 722-1500

Related Service Areas

Dependant Support Claims
Disagreements About A Will
Disagreements Over Capacity
Disagreements Over Estate Administration With A Will
Disagreements Over Power Of Attorney
Disagreements Where There Is No Will
Equalization Of Property After Death
Guardianship Applications And Disagreements
Passing Of Accounts
Private Mediations And Arbitrations
Variation Of Trusts

More Resources

Blog |
Wills, Trusts and Estates

Posted November 28, 2023

As a lawyer who has worked in the field of Wills and Estates for the last three years, I get the following question quite a[...]
Blog |
Family Law
Amongst the profession, we often refer to domestic contracts prepared by the parties themselves without legal advice as “kitchen table agreements”. In May 2023, the[...]
Newsletters |
Employment, Labour, and Human Rights

Posted November 17, 2023

Newsletters |

Posted November 16, 2023

Blog |
Wills, Trusts and Estates

Posted November 7, 2023

What is a Power of Attorney document? A Power of Attorney is a legal document that authorizes someone else, known as your “attorney” to act[...]
Blog |
Real Estate

Posted November 6, 2023

If you enter into an Agreement of Purchase and Sale to buy a new build home, your offer could be conditional on having your lawyer[...]

Subscribe to Our Newsletter

"*" indicates required fields

This field is for validation purposes and should be left unchanged.