When to hire an estate lawyer?

05 Dec 2022
orcuslaw
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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

29 Nov 2022
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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

25 Nov 2022
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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.

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