Frequently Asked Questions

What happens if the executor refuses to probate the will?

If probate is not initiated, the estate cannot be legally administered. In that case, beneficiaries or interested parties may apply to the court to appoint a new estate trustee.

What we do

Our Services

• Commercial List LawyerCommercial List Lawyer

+ Financial Markets & Derivatives LitigationFinancial Markets & Derivatives Litigation

• Structured Note DisputesStructured Note Disputes

• CIRO Enforcement LawyersCIRO Enforcement Lawyers

• Interest Rate Swap DisputesInterest Rate Swap Disputes

• Counterparty & Institutional Investor DisputesCounterparty & Institutional Investor Disputes

• Securities & OSC ProceedingsSecurities & OSC Proceedings

• FX & Rates Trading DisputesFX & Rates Trading Disputes

• Hedging & Derivatives Litigation LawyersHedging & Derivatives Litigation Lawyers

• ISDA & Master Agreement DisputesISDA & Master Agreement Disputes

+ Estate LitigationEstate Litigation

• Guardianship Applications & Capacity ProceedingsGuardianship Applications & Capacity Proceedings

• Predatory Marriage / Elder AbusePredatory Marriage / Elder Abuse

• Cross-Border Estate DisputesCross-Border Estate Disputes

• Probate DisputesProbate Disputes

• Power of Attorney DisputesPower of Attorney Disputes

• Breach of Fiduciary DutyBreach of Fiduciary Duty

• Removal of Executor / Estate TrusteeRemoval of Executor / Estate Trustee

• Rectification & Interpretation of WillsRectification & Interpretation of Wills

• Contested Passing of AccountsContested Passing of Accounts

• Dependant’s Relief ClaimsDependant’s Relief Claims

• Capacity & Undue Influence LitigationCapacity & Undue Influence Litigation

• Trust DisputesTrust Disputes

• Executor Misconduct & RemovalExecutor Misconduct & Removal

• Will ChallengesWill Challenges

+ Receivership, Insolvency and Bankruptcy LitigationReceivership, Insolvency and Bankruptcy Litigation

• Commercial Litigation Arising from Bankruptcy & InsolvencyCommercial Litigation Arising from Bankruptcy & Insolvency

• Receivership & Insolvency Injunction ApplicationsReceivership & Insolvency Injunction Applications

• Director & Officer Liability in Bankruptcy and InsolvencyDirector & Officer Liability in Bankruptcy and Insolvency

• Fraud, Preference & Reviewable Transaction ClaimsFraud, Preference & Reviewable Transaction Claims

• Oppression & Shareholder Claims in InsolvencyOppression & Shareholder Claims in Insolvency

• Creditor Rights & Insolvency Enforcement ActionsCreditor Rights & Insolvency Enforcement Actions

• Bankruptcy & Insolvency Litigation ProceedingsBankruptcy & Insolvency Litigation Proceedings

• Refusal to Lift Stays of Proceedings LitigationRefusal to Lift Stays of Proceedings Litigation

• Priority Disputes Between Secured and Unsecured CreditorsPriority Disputes Between Secured and Unsecured Creditors

• Scope of Receiver Powers DisputesScope of Receiver Powers Disputes

• Receivership Litigation & Court-Appointed Enforcement LawyersReceivership Litigation & Court-Appointed Enforcement Lawyers

• Appointment of Receiver LitigationAppointment of Receiver Litigation

+ Advisory LawyersAdvisory Lawyers

• Outside General Counsel ServicesOutside General Counsel Services

• Regulatory Risk & Compliance AdvisoryRegulatory Risk & Compliance Advisory

• Corporate Investigation & Crisis ResponseCorporate Investigation & Crisis Response

• Distressed Business & Insolvency AdvisoryDistressed Business & Insolvency Advisory

• Commercial Litigation Risk AssessmentCommercial Litigation Risk Assessment

• Contract Strategy & Risk AllocationContract Strategy & Risk Allocation

• Transactional Risk AdvisoryTransactional Risk Advisory

• Corporate Restructuring AdvisoryCorporate Restructuring Advisory

• Business Succession & Exit PlanningBusiness Succession & Exit Planning

• Shareholder Rights & Minority Protection AdvisoryShareholder Rights & Minority Protection Advisory

• Board & Director AdvisoryBoard & Director Advisory

• Corporate Governance AdvisoryCorporate Governance Advisory

+ Alternative Dispute Resolution LawyersAlternative Dispute Resolution Lawyers

• Commercial Mediation LawyersCommercial Mediation Lawyers

+ Real Estate LitigationReal Estate Litigation

• Certificates of Pending Litigation LawyersCertificates of Pending Litigation Lawyers

• Latent Defects / MisrepresentationLatent Defects / Misrepresentation

• Certificate of Pending LitigationCertificate of Pending Litigation

• Specific PerformanceSpecific Performance

• Lease Enforcement & Commercial Tenancy DisputesLease Enforcement & Commercial Tenancy Disputes

• Mortgage EnforcementMortgage Enforcement

• Encroachment LitigationEncroachment Litigation

• Condominium LitigationCondominium Litigation

• Joint Ownership DisputesJoint Ownership Disputes

• Real Estate Fraud LitigationReal Estate Fraud Litigation

+ Appeal LawyersAppeal Lawyers

• Supreme Court of Canada — Leave to AppealSupreme Court of Canada — Leave to Appeal

• Stay Pending AppealStay Pending Appeal

• Securities & Regulatory Appeals (OSC · CIRO · FSRA)Securities & Regulatory Appeals (OSC · CIRO · FSRA)

• Ontario Court of Appeal CounselOntario Court of Appeal Counsel

• Real Estate AppealsReal Estate Appeals

• Appeals from Arbitration or Tribunal DecisionsAppeals from Arbitration or Tribunal Decisions

• Judicial Review & Administrative AppealsJudicial Review & Administrative Appeals

• Interlocutory AppealsInterlocutory Appeals

• Shareholder Dispute AppealsShareholder Dispute Appeals

• Estate & Trust AppealsEstate & Trust Appeals

• Commercial AppealsCommercial Appeals

+ Trial LawyersTrial Lawyers

• Shareholder Dispute TrialsShareholder Dispute Trials

• Business Torts TrialsBusiness Torts Trials

• Breach of Contract TrialsBreach of Contract Trials

• Fraud & Misrepresentation TrialsFraud & Misrepresentation Trials

• Real Estate Litigation TrialsReal Estate Litigation Trials

• Estate Litigation & Will Challenge TrialsEstate Litigation & Will Challenge Trials

• Commercial Litigation TrialsCommercial Litigation Trials

+ Arbitration LawyersArbitration Lawyers

• Ad Hoc & UNCITRAL Arbitration LawyersAd Hoc & UNCITRAL Arbitration Lawyers

• Investor-State Arbitration Lawyers | Investment Treaty DisputesInvestor-State Arbitration Lawyers | Investment Treaty Disputes

• International Commercial ArbitrationInternational Commercial Arbitration

• Arbitration Clause Drafting & ReviewArbitration Clause Drafting & Review

• ICC & LCIA Institutional ArbitrationICC & LCIA Institutional Arbitration

• ADRIC Domestic ArbitrationADRIC Domestic Arbitration

• ISDA & Derivatives ArbitrationISDA & Derivatives Arbitration

• Emergency Arbitrator & Interim MeasuresEmergency Arbitrator & Interim Measures

• Setting Aside & Challenging Arbitral AwardsSetting Aside & Challenging Arbitral Awards

• Enforcing Arbitral Awards OntarioEnforcing Arbitral Awards Ontario

• Mediation-Arbitration (Med-Arb)Mediation-Arbitration (Med-Arb)

• Real Estate ArbitrationReal Estate Arbitration

• Shareholder & Partnership Arbitration LawyersShareholder & Partnership Arbitration Lawyers

• International ArbitrationInternational Arbitration

• Franchise Arbitration LawyersFranchise Arbitration Lawyers

• Commercial Contract ArbitrationCommercial Contract Arbitration

+ InjunctionsInjunctions

• Confidential Information, Trade Secrets, and Restrictive Covenant InjunctionsConfidential Information, Trade Secrets, and Restrictive Covenant Injunctions

• Receivership, Insolvency, and Creditor-Protection InjunctionsReceivership, Insolvency, and Creditor-Protection Injunctions

• Commercial Lease, Possession, and Tenant-Protection InjunctionsCommercial Lease, Possession, and Tenant-Protection Injunctions

• Real Estate, Title Fraud, and Transaction-Freeze InjunctionsReal Estate, Title Fraud, and Transaction-Freeze Injunctions

• Mandatory Injunctions and Status-Quo Restoration OrdersMandatory Injunctions and Status-Quo Restoration Orders

• Norwich Orders and Third-Party Disclosure ReliefNorwich Orders and Third-Party Disclosure Relief

• Shareholder, Partnership, and Boardroom Crisis InjunctionsShareholder, Partnership, and Boardroom Crisis Injunctions

• Permanent Injunctions and Final Equitable ReliefPermanent Injunctions and Final Equitable Relief

• Urgent Interlocutory and Interim InjunctionsUrgent Interlocutory and Interim Injunctions

• Anton Piller Orders and Civil Search ReliefAnton Piller Orders and Civil Search Relief

• Asset Preservation and Mareva InjunctionsAsset Preservation and Mareva Injunctions

• Emergency Without-Notice and Ex Parte Injunctive ReliefEmergency Without-Notice and Ex Parte Injunctive Relief

+ Commercial Litigation CounselCommercial Litigation Counsel

• Fraud Recovery LawyersFraud Recovery Lawyers

• Cross-Border Asset Tracing LawyersCross-Border Asset Tracing Lawyers

• Cross-Border & Multi-Jurisdictional Disputes LawyersCross-Border & Multi-Jurisdictional Disputes Lawyers

• Non-Compete & Non-Solicitation EnforcementNon-Compete & Non-Solicitation Enforcement

• Construction Lien LitigationConstruction Lien Litigation

• Class Action Defence LawyersClass Action Defence Lawyers

• Investment Fraud LitigationInvestment Fraud Litigation

• Misrepresentation/Fraud LitigationMisrepresentation/Fraud Litigation

• Cryptocurrency & Digital Asset LitigationCryptocurrency & Digital Asset Litigation

• Freezing Order LawyerFreezing Order Lawyer

• Judgment Enforcement LawyerJudgment Enforcement Lawyer

• Replacement / New Counsel in Active LitigationReplacement / New Counsel in Active Litigation

• Litigation Counsel for Ongoing ProceedingsLitigation Counsel for Ongoing Proceedings

• Commercial Litigation Lawyer for High-Stakes DisputesCommercial Litigation Lawyer for High-Stakes Disputes

• Joint Ventures DisputesJoint Ventures Disputes

• Unjust EnrichmentUnjust Enrichment

• Business TortsBusiness Torts

• Debt RecoveryDebt Recovery

• Corporate LitigationCorporate Litigation

• Franchise DisputesFranchise Disputes

• Partnership DisputesPartnership Disputes

• Commercial Contract Lawyer TorontoCommercial Contract Lawyer Toronto

+ Breach of ContractBreach of Contract

• Contract Damages RecoveryContract Damages Recovery

• Specific Performance RemediesSpecific Performance Remedies

• Repudiation and Anticipatory BreachRepudiation and Anticipatory Breach

• Construction Contract ClaimsConstruction Contract Claims

• Franchise Agreement DisputesFranchise Agreement Disputes

• Commercial Lease BreachesCommercial Lease Breaches

• Breach of Purchase and Sale AgreementsBreach of Purchase and Sale Agreements

• Breach of Supply AgreementsBreach of Supply Agreements

• Breach of Service AgreementsBreach of Service Agreements

• Contract InterpretationContract Interpretation

• Contract EnforcementContract Enforcement

+ Civil Litigation LawyersCivil Litigation Lawyers

• Pleadings & Statement of Claim DraftingPleadings & Statement of Claim Drafting

• Discovery & Documentary ProductionDiscovery & Documentary Production

• Defending a Civil ClaimDefending a Civil Claim

• Costs Awards & Cost RecoveryCosts Awards & Cost Recovery

• Summary Judgment MotionsSummary Judgment Motions

• Setting Aside a Default JudgmentSetting Aside a Default Judgment

• Limitation Periods & Time-Barred ClaimsLimitation Periods & Time-Barred Claims

+ Shareholder DisputesShareholder Disputes

• Shareholder DeadlockShareholder Deadlock

• Shareholder Agreement LawyerShareholder Agreement Lawyer

• Shareholder & Partnership Disputes (Closely Held Businesses)Shareholder & Partnership Disputes (Closely Held Businesses)

• Cost-Effective Resolution & Strategic Settlement AdvisoryCost-Effective Resolution & Strategic Settlement Advisory

• Evidence Strategy & Financial Tracing in Shareholder CasesEvidence Strategy & Financial Tracing in Shareholder Cases

• Related-Party Transactions & Value Diversion ClaimsRelated-Party Transactions & Value Diversion Claims

• Shareholder Disputes Without a Shareholder AgreementShareholder Disputes Without a Shareholder Agreement

• Director & Officer Liability in Shareholder LitigationDirector & Officer Liability in Shareholder Litigation

• Derivative Actions & Corporate ClaimsDerivative Actions & Corporate Claims

• Urgent Injunctions in Shareholder DisputesUrgent Injunctions in Shareholder Disputes

• Forced Share Buy-Outs & Court-Engineered ExitsForced Share Buy-Outs & Court-Engineered Exits

• 50/50 Shareholder Deadlock & Governance Paralysis50/50 Shareholder Deadlock & Governance Paralysis

• Minority Shareholder Rights & Exit StrategiesMinority Shareholder Rights & Exit Strategies

• Shareholder Oppression & Unfair Prejudice ClaimsShareholder Oppression & Unfair Prejudice Claims

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Frequently Asked Questions

What happens if the executor refuses to probate the will?

What we do

Our Services

Let us solve your legal issue

Reach out to us today