Estates

Contesting a will

A will can be challenged, but not simply because it disappoints. The recognized grounds concern the testator's capacity at the time of drafting, the influence another person may have exerted over them, or compliance with the formalities the law requires for the type of will in question.

• Incapacity or diminished capacity of the testator at signing
• Undue influence exercised by someone close to them
• Defect of form in a holograph will or a will before witnesses
• Doubt as to authenticity, or the existence of a later will
• Probate of a will and contesting probate

A liquidation going nowhere

The liquidator has specific obligations: to prepare an inventory, inform the heirs, administer the property prudently, and then render an account. Where those obligations go unmet, heirs are not without recourse.

• Liquidator inactive, unreachable, or in a conflict of interest
• Inventory not prepared, or incomplete
• Refusal to share information with the heirs
• Application for a rendering of account
• Replacement or removal of the liquidator
• Estate property used or sold without authorization

Heirs' rights

You have learned of a death and don't know whether you are an heir. You are being asked to renounce without explanation. A co-heir is occupying the family home. A division strikes you as unfair. These questions have answers, and often simpler ones than people fear.

• Accepting or renouncing a succession
• Insolvent estates and the liability of heirs
• Partition of property and disagreements between co-heirs
• Undivided co-ownership of estate property
• Claims or debts owed to or by the estate