How Estate Litigation Lawyers Assist You In Overcoming Litigation Disputes?

23 Sep 2022
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How Estate Litigation Lawyers Assist You In Overcoming Litigation Disputes?

Estate litigation is when a member of the family asks the court to rule on whether to enforce their entitlement or right. It entails managing the estates of the deceased. Family provision claims, will challenges, and superannuation issues are frequently involved in estate litigation. Estate litigation also includes requests for restitution for any conduct that has negatively impacted estate value. This blog will highlight the issues faced in estate litigation and how Orcus Law LLP can help you to overcome them.

Reasons For The Rise of Wills and Estates Litigation?

There are several reasons why disputes involving wills and estates arise.

Wills
A will must meet very strict requirements and adhere to established procedures in order to be valid. Any person may file a lawsuit against the estate if any of these established conditions are not met. In addition to being an expensive process, estate litigation can be difficult for family members. Once estate litigation begins, the beneficiaries of the estate must wait to receive their inheritance rights until the conflict is settled.
Cases of Family Provision
A family member of the deceased individual submits a request for a provision in their estate. If a decedent’s child, spouse, or dependent believes they have been unfairly left out of the will or intestate estate, they may file a family provision petition. Even if a deceased man can bequeath their property to anybody they like, it is still important for them to take care of their family.
Additional Types Of Estate Litigation

Rectification requests are made to fix any secretarial mistakes in a will;
Petitions for wills from those who lack the mental capacity to do so, which the court has approved;
Applications asking for substitute executors if there are any obstacles or excessive delays in the administration of the estate
Any claim of improper transactions where the beneficiaries allegedly abused their relationship with the decedent;
Appeals for informal wills that represent wills that were not properly witnessed or notarized;

Making court filings is frequently the only option available to resolve estate-related difficulties. It is obvious that estate planning needs to be done thoroughly, but even though deceased estate litigation cannot be completely avoided, it can be greatly reduced with forward planning and structure.

Arguments Over Powers of Attorney
Other types of disputes can occur when the power of attorney was awarded unlawfully or when the person who was given it failed to accurately carry out the testator’s wishes. When an attorney behaves illegally or the estate’s counsel declines to act, this raises additional doubts about the validity of the power of attorney.

Get In Touch With Orcus Law LLP For Hiring The Right Estate Litigation Lawyers!

The attorneys at Orcus Law LLP can assist you if you’re an Estate Trustee looking for clarification of your obligations, a beneficiary wanting to contest a Will, or another person with a stake in how an estate is distributed. Our estate litigation attorneys have knowledge of handling a range of estate litigation issues, and they will fight to safeguard your rights. In both litigation and other forms of dispute resolution, we offer sage counsel and competent representation. Call us at 905-564-8889 or send us a message online to schedule a private appointment to talk about your estate litigation case.

Five Common Types of Civil Litigation Cases

19 Sep 2022
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Five Common Types of Civil Litigation Cases

The major difference between a civil litigation case and a criminal case is that in civil litigation case either one or both parties are seeking monetary or any other form of compensation, instead of a criminal charge. The prosecution in a criminal case generally represents the state in which the trial is taking place. However, in civil litigation cases both the parties represent themselves and are assisted by a civil litigation lawyer or legal counsel.
Below mentioned are some of the most come types of cases to appear in civil court:

1. Contractual disputes

Contract disputes usually happen when one or more parties that sign a contract will not meet their obligations. This is usually down to the reason that one party tries to do too much themselves and does not have the required manpower and funds to fulfil their obligations. Another reason is the terms are not well drafted and usually favour one party.

2. Property disputes

Property disputes involve disputes about ownership of property or damage caused to either party’s real estate or property. There are several types of property disputes that a civil litigation attorney may handle. The common type of property dispute is a line dispute. A line dispute is when one party alleges that a neighbour crosses the property boundary between their houses for building.

3. Torts

A tort is a civil litigation case where one party alleges that the other party caused them emotional or physical harm. Tort cases are in many forms and are usually related to an individual’s safety, and the safety of their property, including financial security. Other common torts are related to accidents and injuries such as assault or battery charges, or negligence on either party not doing their assigned duty.

4. Class action lawsuits

Similar to torts, class action lawsuits are where only the prosecution in these types of cases represents a class of people of the group who have all been injured by the same object. They are usually common in cases of defective products, or if they are exposed to hazardous materials or a faulty item that has injured multiple people before it was recalled.

5. Complaints against the city

Any complaint that is made against the city or to the federal government is usually settled out of court. However, in the event the government chooses to not settle, the complaints are generally tried as civil cases. These are cases where the plaintiff alleges that the city law has caused harm to its people. There are various types of civil litigation cases, and at times, a civil litigation case can become a criminal case that could have an unfavourable outcome for the prosecution. If you think you may have grounds for a civil litigation case, please do not hesitate to get in touch

with the team at Orcus Law to schedule an initial consultation. Our civil litigation lawyers have the knowledge to look after your interests. For further enquiries, get in touch.

Reputable lawyers in the field of Criminal Law

15 Sep 2022
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Reputable lawyers in the field of Criminal Law

Driving under the influence or being accused of sexual assault are serious criminal charges and one could face a severe penalty if found guilty. The team of criminal lawyers at Orcus Law has represented many clients with charges related to DUI and impaired driving, sexual assault and threats and domestic offences. Our vast network and strong defence have made us the law firm you can rely on. Additionally, our criminal lawyers have the necessary legal
knowledge to skillfully defend their clients. Below mentioned are some areas you can rely on our criminal lawyers for:

1. Sexual assaults and threats

Sexual assaults and threats are usually classified as one causing harm to another individual or their property. Sexual assault can usually lead to charges of domestic assault. These charges usually involve spouses, boyfriends and girlfriends etc. but it is usually not the case, sometimes, it can be a drunk person threatening someone, or a business partner threatening someone. When people are facing charges of assault or threats, they are usually surprised. Not many understand the severity of a criminal charge, and if these charges lead to a conviction, the accused could face possible jail time.

2. Domestic offences

A person convicted of a domestic offence can impact their life severely. It could potentially lead to them having a criminal record or worse jail time. Additionally, it can also impact their employment opportunities and their ability to travel and much more. Fortunately, the team at Orcus Law have the knowledge to deal with all types of domestic offences, including:

Domestic assault

Domestic assault is a criminal offence that arises from a rift between two individuals in a
domestic relationship. It can be between a husband and wife, a boyfriend and girlfriend, or
even roommates. Most of the time the conflict involves allegations of physical abuse.

3. Driving under the influence (DUI)

This is a criminal offence where the driver is intoxicated by alcohol or drugs. The types of
DUI offences are:

Over 80
Impaired Driving
Failure to provide a breath or blood sample

If the driver has been guilty of driving under the influence, their license will be suspended for a minimum of one year, or until they meet certain requirements such as completing a program or paying a fine. If your job involves driving, getting a DUI conviction can seriously impact your livelihood.

With years of practicing criminal law and defending numerous clients, our team and the resources we have gives us the platform to succeed, and most importantly stand by our clients at every court appearance. You can rest assured; that our clients are never left in the courtroom alone. They will always have our lawyers by their side protecting their rights.

To schedule an initial consultation or to find out more information about our criminal law services, please do not hesitate to reach out to the team at Orcus Law.

Monthly Archives: September 2022