Setting aside a will for fraud or forgery
A claim that a will was forged, or signed because of a fraud on the person.
What is included
- Reviews the will, the documents and the facts to assess the claim or defence
- Explains the deadlines, the court process and the risks
- Sends or responds to demand letters and notices of objection
- Prepares and argues court applications and motions
- Represents you at mediation and negotiates a settlement
- Takes the case to a hearing or trial if it does not settle
What is not included
- Estate administration tax, court fees, appraisals and other disbursements
- Tax returns for a deceased person or an estate, unless arranged separately
- Estate disputes or litigation, unless the lawyer agrees to act on them
- Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral
Who this service is for
- Beneficiaries or family members who question a will or a gift
- Estate trustees facing claims or disagreements
- Dependants seeking support from an estate
Information to have ready
- 1The will and any earlier wills or codicils you know of
- 2The death certificate and the certificate of appointment, if issued
- 3Correspondence with the estate trustee or other beneficiaries
- 4Medical or other records about capacity or influence, if available
- 5A timeline of the key events
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
Lawyers usually charge $400–$700/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
Can an estate dispute be settled without a trial?
Often, yes. Many estate disputes settle through negotiation or mediation, and the lawyer can explain the options at each stage.
What is a notice of objection?
It is a document filed with the court that stops a certificate of appointment of estate trustee from being issued while a concern about the will or the estate trustee is dealt with.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed in an estate dispute or court application
- Some deadlines, such as for a dependant support claim or a surviving spouse's election, are short
- The work is limited to the scope the lawyer confirms in writing
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