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Clear, practical answers about estate disputes, contract claims, fees and the litigation process.

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Estate Litigation & Probate
Q01Can I contest a will in Ontario?+
Potential grounds can include lack of testamentary capacity, undue influence, improper execution, fraud or suspicious circumstances. A challenge turns on evidence such as medical records, witness testimony and the drafting lawyer’s file. An early assessment helps determine whether the available evidence supports a claim or defence. Learn about will challenges.
Q02How quickly should I seek advice about a will dispute?+
Promptly. Estate disputes can involve short statutory deadlines, and evidence may become harder to preserve over time. Ontario’s basic limitation period is often two years from discovery, but different rules and exceptions may apply to particular claims.
Q03What can beneficiaries do when an executor is delaying or withholding information?+
Depending on the circumstances, a beneficiary may seek disclosure, require the estate trustee to pass accounts, ask the court for directions, or seek removal and replacement. The appropriate step depends on the length and reason for the delay, the estate’s complexity and whether assets are at risk. Executor and trustee disputes.
Q04What is a passing of accounts?+
It is a court-supervised review of an estate trustee’s financial administration, including receipts, disbursements, investments and claimed compensation. Beneficiaries may object, while trustees may use the process to obtain formal approval and protection.
Q05What is a dependant-support claim?+
Ontario law may allow an eligible dependant to seek support from an estate when adequate provision was not made. The application is generally subject to a six-month period after the Certificate of Appointment of Estate Trustee is issued, although the court may have limited discretion concerning undistributed assets. Immediate advice is important.
Q06Do Ottawa estate disputes have to be mediated?+
Many estate, trust and substitute-decision proceedings commenced in Ottawa fall within Ontario’s mandatory mediation regime under Rule 75.1 unless the court grants an exemption. Mediation does not guarantee settlement, but it provides a structured opportunity to test positions and explore resolution.
Q07Who pays legal costs in estate litigation?+
Costs are not automatically paid from the estate. Courts may order a party to pay some of another party’s costs, may direct payment from the estate in appropriate circumstances, or may make another order based on the conduct and merits of the case. Cost exposure should be considered before proceedings begin.
Contract Disputes
Q08What is a breach of contract?+
A breach occurs when a party fails to perform an obligation required by an agreement. The central questions are usually what the agreement required, whether that obligation was breached, what loss followed and what remedy is proportionate. Contract dispute services.
Q09Can an oral agreement be enforced in Ontario?+
Some oral agreements can be enforceable, but proof is often the real difficulty. Emails, invoices, payments, witness evidence and the parties’ conduct may help establish the terms. Certain agreements must be in writing, so the specific transaction matters.
Q10How long do I have to bring a contract claim?+
Ontario’s basic limitation period is generally two years from the date a claim was discovered or ought reasonably to have been discovered, subject to exceptions and an ultimate limitation period. Waiting can weaken both legal rights and practical leverage.
Q11Can a business recover unpaid invoices?+
Yes, where the invoice reflects an enforceable obligation and the amount can be proven. The appropriate process depends on the amount, the contract, the debtor’s response and the likelihood of recovery. A focused demand may resolve the matter before litigation. Unpaid invoices and loans.
Q12Should a demand letter be sent before starting a claim?+
Often, but not automatically. A well-prepared demand can clarify the legal position, define the amount sought, set a reasonable deadline and create a useful record. Urgency, limitation periods or a risk to assets may require a different approach.
Q13How are shareholder or partnership disputes resolved?+
Possible outcomes include a negotiated buyout, revised operating terms, mediation, an oppression remedy application, dissolution or other court relief. Strategy should begin with the governing agreements, the financial record and the client’s preferred business outcome.
Fees & Process
Q14How are legal fees determined?+
Fees depend on the work required, the value and complexity of the dispute, urgency, evidence, number of parties and likely procedure. The engagement letter should explain the scope, billing method and required retainer before substantive work begins. Fees and retainers.
Q15How long can litigation take?+
A focused demand or negotiated resolution may take weeks or months. A contested court proceeding can take much longer. Timing depends on the evidence, number of parties, court schedules, procedural steps and whether the parties are prepared to resolve the dispute.
Q16Will my matter go to trial?+
Most disputes do not reach trial. Negotiation, mediation and procedural decisions can produce earlier resolution. However, settlement leverage often depends on preparing the file carefully enough that the other side understands the case can proceed if necessary.
Q17What happens at the first consultation?+
The first conversation identifies the parties, checks for conflicts, reviews the essential facts and documents, and considers urgency, deadlines and realistic options. A consultation alone does not create a lawyer-client relationship; that requires the firm’s written agreement to act.
The Firm
Q18Why work with a focused litigation firm?+
A focused practice can provide direct senior-lawyer attention and a consistent method for reviewing evidence, assessing risk and choosing a proportionate path. The right fit still depends on the particular matter, experience required and working relationship. About the firm.
Q19Where is Mullowney’s Law located?+
The Ottawa office is at 1 Rideau Street, Suite 700. Telephone and video consultations may be available depending on the matter and conflict review.
Q20What areas does the firm emphasize?+
The website is organized around two principal dispute areas: estate litigation and contract disputes, together with related probate and contract services. The first conversation determines whether the matter fits the firm’s current practice.
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