A comprehensive guide to defending inheritances and understanding challenges to a will

A comprehensive guide to defending inheritances and understanding challenges to a will

Dealing with a will dispute litigation is without a doubt a frustrating process. Challenging an estate will is emotionally and financially draining for both parties. Therefore, one must take into consideration the pros and cons before deciding to defend a will in probate court.

Am I eligible to contest a will?

Only interested persons i.e., family members, creditors, beneficiaries, as well as third parties that have claims against the probated estate can contest a will. Below mentioned are the legal grounds to contest a will:

  •  Excessive influence
  •  Unethical execution
  •  Fraud
  •  Existence of a valid previous will
  •  Obscurity found in the terms of the will

Does a will dispute litigation have legal repercussions?

The most obvious drawback when contesting a will dispute is the cost of bringing legal action to the court. Most individuals will hire professional dispute attorneys to handle their estate litigation cases. Based on the size of the inheritance and how complex the case is, it is not a sound financial decision to bring in legal action. However, if the estate holds several valuable assets, it may be worth your time and funds for probate litigation.
Only a reliable professional like Orcus Law LLP can offer first-class advice on whether contesting a will is worth pursuing.

How does one defend a contested will?

An unlucky event that occurs sometimes during probate proceedings when people learn they must defend their inheritance. When an executor submits a will into probate, the court will blindly accept them without a challenge. But have you considered, what happens when a party challenges the deceased’s estate planning documents? Executors will only be aware of the will contest after receiving a summons or a verified complaint from interested persons claiming that the will is unsound. If this happens, it is the legal job of the executor to defend the inheritance of the heirs sincerely. Only an executor or an individual appointed by a court of law can defend a will.

Grounds to defend to a will?

A person may defend a testator’s estate planning documents under the below-mentioned three
grounds:

1. If the claim made to the will is valid
2. The terms in the estate planning documents are valid
3. If the executor is correctly executing the estate

Is it important to hire a will-contest defence attorney?

To ethically meet the obligations owed to the heirs, the executor must employ defence litigators to defend contested wills. However, the court of law may allow an executor to defend the estate if the attorney specializing in estate litigation is in Mississauga.

Bottomline

Estate litigation are fact-specific cases, and it usually takes longer to resolve. The proponent and contester must follow the complex probate procedures and laws when bringing a will contest to a court of law. Since this area of law is testing, interested persons should abstain from legal action on their own when defending or contesting estate litigation in court.

If you are involved in a will dispute, please do not hesitate to reach out to the team at Law LLP today for more information.

How does one deal with a civil litigation lawsuit

How does one deal with a civil litigation lawsuit

When dealing with a civil litigation lawsuit, one must be able to identify a defendant on a trial against a civil defendant. The term civil litigation refers to civil matters resolved in a court of law. It is the legal process where a lawsuit is filed against the opposition party and they have to file an answer. Furthermore, civil litigation lawsuits can be described as dealing with two parties like a marriage or a contract dispute between organizations that are
embroiled in a legal disagreement where either of them seeks monetary compensation, but does not necessarily involve lawbreaker allegations.

Most civil litigation lawsuits start with a hearing known as a complaint. The legal document will summarize a case against the defendant. Additionally, the pleading will also include what the plaintiff wants to expect from the defendant. Another way of pleading a civil litigation case is the summons. This is where the defendant is informed that they are being sued. After the defendant is served, they can answer by filing a petition documenting their
response. The defendant can for further clarification on the case at this stage. Once the pleadings are made by both parties with the court, the discovery phase begins.

At the discovery stage, both parties will need to present to each other the necessary documents, names of witnesses, and evidence that is going to be used at trial. Additionally, the process also involves thorough legal research, review of documents, and interviews with witnesses to gather as many facts as possible about the case. The attorney may also request additional documentation or specific statements from individuals involved in the case. After both parties have concluded their discovery process, the case will head to a pre-trial.

This is the stage where both parties will prepare for trial. They will gather necessary evidence and witnesses in order. This is where they can potentially engage in settlement discussions, including filing a motion with the court of law to resolve the case. Furthermore, both parties will file motions and ask the judge to take necessary action based on either party’s legal argument. If both parties fail to reach an agreement in the pre-trial, the case will go to trial.

Before trial, both parties will provide a brief to the judge. The brief will outline arguments and evidence to be used at trial. It potentially may or may not involve a jury, but it is solely based on the circumstances of the case. During the trial, each party has the choice to make opening statements, including present documents supporting their arguments and craft closing statements. Once all the witnesses have been questioned, the opposition party has the chance to cross-question to witnesses. Post that the judge and jury will give their verdict.

If either party is not happy with the verdict, they can file a notice of appeal. It is a written argument which contains the side’s view of the facts and legal arguments in the hopes of seeking a reversal of the trial court. During the appeals process, a party will ask a higher court to review the trial court proceeding. Bear in mind, an appeal can extend the civil litigation process by almost a year, sometimes even more. Orcus Law LLP will get your civil litigation concerns under control. You cannot go wrong with us when it comes to a reputable law firm that will take care of your civil litigation lawsuit needs.

Call us today to schedule an initial consultation if you are dealing with a civil litigation dispute.

A Basic Overview of the Business Litigation Process

A Basic Overview of the Business Litigation Process

Many individuals who are facing lawsuits are unaware of the process of business litigation, and they have several questions about how they should prepare. The below-mentioned process briefly outlines the basic process of business litigation to give clients an idea of what they can expect. You must keep in mind, that half the battle is choosing a reputable lawyer that understands your legal needs and represents your case to ensure you get the desired
outcome. Furthermore, they must ensure the litigation process is handled smoothly, thereby improving your chances of success.

The Four-Step Business Litigation Process

The process of business litigation usually involves four steps. It depends on the unique factual and legal complexities of each case, as well as the length, which will vary. Below mentioned are the four steps:

1. Consultation phase

This is the first step in the process where the client will meet with a lawyer and begin to discuss the facts of their case. The lawyer can help their client advance a claim against another individual or business or defend their client against a claim bought by another party. In either of the above-mentioned cases, the meeting should take place as immediately as possible. After the initial consultation, the lawyer can begin preparing for the case by reviewing the required documents, and gathering evidence by researching application laws. Once the initial consultation is done, the client along with the lawyer will file an initial pleading in court. During this period, both parties will disclose necessary evidence and information.

2. Discovery phase

During this phase, the following information will be gathered:

  • Deposition: It is where one party will be asked to present an out-of-court oral verbal testimony.
  • Written discovery: Where one party will have to answer written questions under oath.
  • Document discovery: It is where one party will be asked to present documents and papers that are pertinent to the case.

3. Trial phase

In this phase, the case is ready to go to trial before a judge after all the necessary preparations are made. Each side will have a chance to rebuttal. The length of the trial can depend on the number of witnesses and exhibits, or on how complex the case is.

4. Post-trial phase

After the trial is completed, the post-action trial will take place. It will also include a motion for appeal as well as efforts to collect on the final judgement.

Handling your business litigation needs to be without any stress

The process of litigation can be very complicated and it involves extensive legal knowledge, including meeting strict deadlines. If you are considering filing a lawsuit, or if you are facing a lawsuit, you need an honest lawyer that can represent you. The business litigation lawyers at Orcus Law can represent you no matter how difficult your case may be. We will everything to ensure you get the desired outcome. Additionally, we can assist clients with legal matters involving business fraud, trademark infringement, breach of business contracts, franchise law and much more.

Do you need help with your business litigation issues? Give the team at Orcus Law a call today at 905-564-8889