When Do You Need a Probate Litigation Lawyer?
In Canada, probate is a legal process that can:
- Establish the validity of a will
- Distribute assets to beneficiaries who are named in the will
- Establish a plan for paying off any taxes or debts that are owed by the deceased’s estate
A will typically needs to be contested prior to the probate process starting and before the lapse of the statute of limitations. If this is not done properly, disputes about the distribution of the property in the estate may continue indefinitely. This may cause issues with beneficiaries receiving their property and creditors being paid.
There are certain grounds on which a will may be contested after probate, such as:
- Coercion
- Duress
- Improper will execution or procedure
- The estate has not been properly administered
The time frames and rules that govern probate procedures can be different in each province. If a will is voided, an older will may be used by a court.
If a will is voided and another will cannot replace it, the court will proceed as though the individual passed away without having a will. When this happens, the estate will be distributed under the applicable intestacy laws. Because of all of these possible variances and nuances and time limitations, it is very important to have a probate litigation lawyer if you have any type of issue or dispute related to a will or other estate planning device.
How Much Does it Cost to Hire a Probate Litigation Lawyer in Canada?
How much it will cost to hire a probate litigation attorney will depend on how complex the case is, the nature of the issues, the lawyer’s experience and location, and other factors. One major factor that will affect the cost is the fee arrangement that the lawyer uses, which may include:
- Hourly rate: Many lawyers charge an hourly rate for their services, which may vary widely, depending on the lawyer’s reputation and credentials.
- Flat fee: Some lawyers may use a flat fee for document drafting or providing advice. This amount will vary depending on the complexity of the case and the service being provided.
- Contingency fee: It is not likely that a probate litigation lawyer will use a contingency fee arrangement. With this fee arrangement, a lawyer will only get paid if the client recovers money from a legal claim or settlement. The contingency fee amount can be a percentage of the amount recovered, typically 25% to 40%.
- Retainer fee: A lawyer may require a client to pay a retainer fee up front, which is an advance payment for legal services that the lawyer will charge against. Once this amount is exhausted, the lawyer will typically charge an hourly fee.
The cost of a probate lawyer will vary depending on several other factors. In general, a client can expect to pay somewhere between CA$1,500 and CA$5,000 for their services for flat fee arrangements. For hourly fees, the cost may range from CA$200 to CA$500 per hour, depending on their experience and location.
What to Look for in a Probate Litigation Lawyer?
It is important to look for a lawyer for probate litigation who meets your needs and budget. The following are some tips to help you choose the best lawyer you can:
- Experience: It is important to find a lawyer who has experience with probate cases. You can ask how they approach their cases and about their success rate.
- Communication: Being updated on the status and progress of a case can make a client feel much more comfortable with their attorney and their claim. It is important to find a lawyer who responds to your communications and takes time to explain things in a way you understand.
- Resources: Probate disputes can be lengthy, so it is important to find a lawyer who has the resources to properly handle your case.
- Personalized attention: It is important to find a lawyer who takes the time to understand your dispute issues and your desired outcome.
How to Prepare for Your Consultation with a Probate Litigation Lawyer?
No matter which side of a probate dispute you are on, it is important to have legal representation and to prepare for your consultation before you go. You should gather any documents or other types of evidence that you have related to your dispute, such as:
- Old wills
- Communications with the testator
- Any other relevant items or documents
Before you go to your meeting, you should take time to think about any questions you may have. Make a written list of those questions to take with you so you do not miss discussing any important issues.
You should be honest with your lawyer about the evidence that you have and the communications you had with the individual who passed away. This will allow your lawyer to build the best possible case for you.
You may want to ask your lawyer about the types of legal fees they use and what those fees will cover. It may also be helpful to ask if there will be other fees in addition to attorney’s fees, such as filing fees.
Where to Find Probate Litigation Lawyers in Canada?
One of the simplest and easiest ways to find a probate litigation lawyer who meets your needs, whether you are in a big city such as Toronto, Vancouver, or Montreal, or a smaller town, is by using LegalMatch. You may be tempted to do an online search for, “joint will lawyers near me” or “joint will attorneys near me,” but the results will likely be overwhelming and not very informative.
LegalMatch is an online matching service that connects you with licensed and pre-screened lawyers in your area. The process is easy and only takes a few steps:
- Submit your case: Submit some basic information about your probate issue or dispute in just a few minutes.
- Get matched: LegalMatch will match you with lawyers in your area who are ready to start working on your case.
- Choose your lawyer: You can see the profiles, fee arrangements, and client reviews of all of the lawyers who respond before deciding who you want to contact for help.
It is free and easy to use LegalMatch’s services to find a top-rated probate litigation lawyer in your area.
