Understanding Estate Litigation in Toronto: What Families Need to Know

Losing a loved one is painful enough—but when inheritance disputes arise, emotions can run even higher. Estate litigation in Toronto refers to the legal disputes that occur over the administration or distribution of someone’s estate. These conflicts can involve everything from challenging a will to holding an executor accountable. Below, we’ll unpack what estate litigation entails in Ontario, what laws apply, and how to navigate the process.

What Is Estate Litigation?

Estate litigation covers a wide range of disputes that can emerge after someone passes away. Common examples include:

• Challenging a will for lack of capacity, undue influence, or suspicious circumstances

• Claims for dependant’s support under Ontario’s Succession Law Reform Act (SLRA)

• Executor or trustee misconduct, such as failing to account for funds or acting in bad faith

• Passing of accounts—a process where beneficiaries request a court review of how the executor managed estate assets

• Trust interpretation disputes or disagreements about gifts made before death

Because these cases often involve family members, emotions and tensions can escalate quickly. The best outcomes often come from a combination of strong legal counsel and early dispute resolution.

Key Laws That Govern Estate Litigation in Ontario

1. The Succession Law Reform Act (SLRA)

The SLRA is Ontario’s main piece of legislation governing estates. It sets the framework for:

• How estates are distributed when there’s no valid will

• Who qualifies to make a claim for financial support

• How and when wills can be challenged

More about the SLRA can be found on Ontario’s official e-Laws site.

2. Trustee and Executor Duties

Executors (also called “estate trustees”) have fiduciary duties—a legal obligation to act in the best interests of beneficiaries. This includes:

• Acting with honesty and impartiality

• Managing estate assets prudently

• Keeping detailed records and providing full financial accounting

Failing to meet these duties can result in personal liability for the executor. For an overview of executor responsibilities, see the Law Society of Ontario’s guide on executor duties.

3. Ontario Case Law

Ontario courts rely heavily on precedent. Cases such as Banks v. Goodfellow established the test for testamentary capacity, while modern Ontario decisions continue to refine standards for undue influence, suspicious circumstances, and fiduciary breaches.

Challenges Unique to Toronto Estates

High Caseload and Delays

Toronto’s Superior Court of Justice is one of the busiest in the province. Scheduling delays are common, which is why many lawyers emphasize mediation and early settlement as practical strategies.

Multi-Jurisdictional Estates

Toronto’s diverse population often means assets are spread across borders. Handling estates with property or investments in other countries requires resealing probate grants and navigating conflict-of-laws issues.

Hidden or Disputed Assets

Assets held jointly or with named beneficiaries (e.g., RRSPs, TFSAs, insurance policies) can bypass the estate entirely. However, Ontario’s SLRA Section 72 allows courts to pull some of these assets back into the estate if necessary to provide fair support.

Digital Assets and Reputation

From cryptocurrency to social media, digital estates are becoming a significant factor in Toronto litigation. Estate trustees must now manage not just bank accounts but also online accounts, intellectual property, and personal data.

The Estate Litigation Process in Ontario

While each case is unique, the general process looks like this:

1. Preliminary Review — Gather all versions of the will, identify beneficiaries, and determine assets and liabilities.

2. Notice to Interested Parties — Notify all heirs, beneficiaries, and dependants.

3. Interim Protection — Apply for an Estate Trustee During Litigation (ETDL) if the estate needs management during the dispute.

4. Discovery and Disclosure — Exchange financial records and witness statements.

5. Mediation or Settlement Discussions — Mediation is mandatory in Toronto for most estate disputes under the Rules of Civil Procedure.

6. Court Proceedings — If unresolved, the matter proceeds to trial, where the court determines validity of wills, entitlements, or fiduciary misconduct.

Throughout the process, courts encourage transparency and cooperation to minimize costs and preserve family relationships.

Practical Tips for Families and Executors

• Act quickly — Ontario limitation periods are short; waiting can eliminate your right to claim.

• Keep records — Executors should document every transaction; beneficiaries should request detailed accounting.

• Consider mediation early — It’s faster, private, and less expensive than trial.

• Get independent legal advice — Especially if you’re both a beneficiary and an executor.

• Beware of cost awards — Courts can order losing parties to pay substantial legal costs.

Final Thoughts

Estate litigation in Toronto blends family dynamics with complex legal principles. Whether you’re challenging a will, seeking dependent’s relief, or holding an executor accountable, knowledge—and early professional guidance—are essential.

If you or someone you know is involved in an estate dispute in the Toronto area, consult an experienced estate litigation lawyer team in Toronto who understands Ontario’s estate law landscape. With proper strategy and clear communication, it’s possible to resolve even deeply rooted family conflicts fairly and efficiently.