All you need to know about civil litigation law

All you need to know about civil litigation law

There comes a time when you will not be able to settle an issue just with words. While none of us wants to take legal action, it’s just sometimes, you are left with no option. If you need to sue someone over a civil matter, or you are being sued by someone, Orcus Law LLP has the knowledge and skills to handle your case.

What is civil litigation?

Civil litigation refers to the process of settling a dispute in a court of law. It ideally involves a litigation issue that is not a criminal charge. It usually concerns matters that rise between two parties like a breach of contract, personal injury claim, matters relating to employment, and intellectual property disputes will all be hard in a civil court.

A civil litigation lawyer will not just argue cases in court, they will also draft documents, examinations for discovery, due diligence and much more. All the mentioned goes into building an effective court case.

Each province has its own legal system where the litigation will progress. The lowest court in many provinces is the provincial court, this is where most matters are heard. Keep in mind, a provincial court will not be able to hear complex trials like family law actions, claims in tort or a property. The more complex cases are heard in the superior court, however, they must go through the Court of Appeal in the said province. These hearings are not trials, and there are no witnesses or juries. A panel of three judges will hear arguments from both sides of the case, and then the Court of Appeal will decide either to uphold or overturn the decision of the lower court. Under specific circumstances, can you appeal the decision given by the Court of Appeal.

What laws govern civil litigation in the country?

Each province in the country will have rules that govern the court procedure at all levels. The lower courts, including the Courts of Appeal, are established by certain statutes within the province. The Supreme Court is established under by the Supreme Court Act, which is the highest court in the country.

Who work does a civil litigation lawyer deal in?

All litigation cases will involve drafting documents to send to the other side. Additionally, it will include a statement of claim, defence, as well as other procedural motions. Like all lawyers, a litigator will seek a favourable outcome for their clients. Here at Orcus Law LLP, our legal professionals are 100% committed to ethical advocacy. All our trials are conducted civilly and respectfully. Our lawyers are not out there to show themselves off, but to assist the
client to help get the outcome they deserve.

If you seek legal assistance in specific or complex areas of litigation like intellectual property or cases relating to negligence, our civil litigation law firm will be there for you. To schedule an initial consultation or for more details, please do not hesitate to get in touch with our team today.

When to hire an estate lawyer?

When to hire an estate lawyer?

Many assume that an estate lawyer is an individual that only drafts wills or power of attorney, or who is someone that helps the trustee with assistance in administering the estate after someone’s death. While they do the above-mentioned, it is much more than that. Additionally, they also represent the interests of the beneficiaries and make sure the estate is administered effectively.

An estate lawyer can assist either the spouse, child, or any other financial dependant in filing a claim against the estate if they have not been adequately provided for. Furthermore, they also help in resolving conflicts between family members and estate assets.

When is the right time to hire an estate lawyer?

If you want to make sure your last wishes are carried out as mentioned in the will, you need the services of an expert estate lawyer at Orcus Law LLP to help you come up with an estate plan. You can also visit a general practice lawyer, but by visiting a specialist like us, you are going to get a bespoke legal service that helps ensure you receive a favourable legal outcome. Additionally, an estate lawyer can offer to advise on who should be the will’s executor. It is a challenging job that requires diligence.

At our estate litigation law firm, we will create an estate plan on how to divide the assets fairly. Additionally, we will also advise on the probate process, including how to avoid and deal with the probate court.

Estate planning lawyers can also help to deal with issues like income tax, what to do with life and real estate insurance, as well as what to do if you are in a common-law relationship or a second marriage.

In regards, to the administration, an estate lawyer can guide the trustee through the entire process making sure they completely understand and fulfil their legal obligations. They can also help solve issues that arise from personal liability with third-party institutions, creditors and beneficiaries.

If the beneficiary is not happy with the outcome or is unable to get more information from the estate administrator, an estate litigation lawyer is someone you need, as they know estate law.

An estate trustee should seek the services of an estate litigation lawyer very early in the process. A common ground for litigation is whether there was any undue influence by some person so that they can financially benefit from the estate. This is one of the biggest reasons for challenging a will. Anybody can challenge a will, but when it comes to the courts, there are very specific and valid reasons for challenging a will.

The legal team at Orcus Law LLP have the knowledge and skills to help clients with matters concerning their estate. From challenging a will to assisting the trustees in the execution of the will, our estate litigation law firm has got you covered. For further information or to schedule an initial consultation with our estate litigation lawyers, please do not hesitate to give our team a call today.

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.