Probate Litigation Lawyers

Think a will is invalid, or feel shut out while an estate is being settled? An estate litigation lawyer can assess whether you have a valid claim, try to resolve the dispute through negotiation or mediation, and represent you before the court if needed. On this page you can compare lawyers who handle estate disputes in Quebec, see their rates and availability, and book a consultation online.

What an estate litigation lawyer does

Estate litigation covers disagreements that arise after someone dies: whether the will is valid, how the estate is being managed, and who is entitled to what. A lawyer in this area reviews the will and the estate documents, explains your rights as an heir, a spouse or a family member, sends formal demands, negotiates with the other parties and, when no agreement is possible, prepares and argues the case in court. A lawyer can also act for a liquidator (executor) who is facing complaints or legal action from heirs.

Estate disputes are part of wills and estates law. For drafting a will, a protection mandate or planning your own estate, see our page on estate lawyers.

A note on probate in Quebec

Outside Quebec, "probate" usually means having a will confirmed by a court. In Quebec the equivalent step is the verification of a will, and it only applies to wills that are not notarial: holograph (handwritten) wills and wills made before witnesses. A notarial will is an authentic act and does not need to be verified. Verification can be done by the Superior Court or by a notary. It confirms that the document appears to be the deceased's will; it does not stop an heir from later contesting it. The Quebec government's page on wills explains the different forms.

Contesting a will

A will can be challenged, but only on legal grounds, and the person contesting it must prove them. The most common grounds are:

• Lack of capacity: the person did not have the mental capacity to understand what they were signing, for example because of advanced dementia or illness at the time.
• Undue influence: someone close to the person pressured or manipulated them into changing the will in their favour, taking advantage of their vulnerability or dependence.
• Formal defects: a holograph will that is not entirely handwritten or signed by the person, or a will made before witnesses that does not meet the requirements. Courts can sometimes uphold a will with minor defects if it clearly reflects the person's last wishes.
• A later will or revocation: a more recent will, or evidence that the person revoked the one being relied on.

Medical records, witnesses' accounts and the circumstances in which the will was signed are often central. A lawyer can tell you early whether the evidence available is strong enough to justify a challenge.

Disputes with the liquidator

The liquidator (often called the executor) must administer the estate prudently, make an inventory, pay the debts, keep the heirs informed and render an account before the property is distributed. Conflicts arise when heirs feel kept in the dark or suspect mismanagement. Common issues include:

• Refusing or delaying the inventory or the account of the administration.
• Unreasonable delays in settling the estate or distributing property.
• Conflicts of interest, favouritism or selling assets below value.
• Asking the court to replace a liquidator who is not doing the job.

For an overview of the liquidator's role and the partition of an estate, see the Quebec government's page on liquidation and partition.

Surviving spouses and family members

When a married or civil-union spouse dies, the family patrimony and the matrimonial regime are settled before the estate is shared, which can give the surviving spouse rights that do not depend on the will. Disputes often turn on what belongs in the family patrimony, how pensions and the family residence are valued, or whether the spouse should accept or renounce certain rights.

Quebec law also provides for the survival of the obligation to provide support: a surviving married or civil-union spouse, and certain relatives the deceased had to support, may be able to claim a financial contribution from the estate, even if the will leaves them nothing. Common-law spouses are treated differently and generally do not inherit without a will, so their situation needs careful advice.

Mediation and the Superior Court

Quebec's rules of civil procedure require parties to consider settling their dispute out of court, for example through negotiation or mediation, before going to court. Mediation can be especially useful in family estates, where relationships matter and a trial can be long and costly. When a settlement is not possible, most estate disputes, such as contesting a will or replacing a liquidator, are heard by the Superior Court of Québec.

Deadlines are strict. Rights to contest, to claim support from the estate, or to accept or renounce certain rights can be lost if you wait too long. Get advice as soon as a dispute appears.

When to get a lawyer

• You believe a will was made under pressure or when the person lacked capacity.
• You were left out of a will or received much less than expected.
• The liquidator is not providing information or an account.
• You are a surviving spouse and are unsure of your rights.
• You are a liquidator and heirs are threatening legal action.

Preparing for your consultation

• A copy of the will and any earlier wills you know of.
• The death certificate and any will search results.
• Any inventory, account or letters from the liquidator.
• Medical information or witnesses relevant to capacity or influence.
• A short timeline of events and your questions.

For tips on picking the right person, read our guide on how to choose a lawyer in Quebec.

Compare and book on JustiConnect

Browse the lawyers listed below, filter by location, rates, language and availability, and book a consultation directly. Each lawyer sets their own rates and you can see them before you book. You can also search all estate litigation lawyers or see estate litigation lawyers in Laval.

Frequently asked questions

What does estate litigation mean?

It is any legal dispute about a deceased person's estate: contesting the will, disagreements with the liquidator, claims by a surviving spouse or family member, or disputes between heirs about how property is divided.

Can I contest a notarial will?

Yes. A notarial will does not need to be verified, but it can still be challenged, for example for lack of capacity or undue influence. It is generally harder to challenge because a notary received it and has duties to ensure it was made properly.

Who pays for estate litigation?

Each party usually pays their own lawyer, and the court can decide how legal costs are shared at the end of a case. In some situations, costs relating to the administration of the estate may be paid by the estate. A lawyer can explain how this could apply to you.

Can a liquidator be removed?

Yes. If a liquidator is unable to act, neglects their duties or does not respect their obligations, an heir or another interested person can ask the court to replace them.

Do we have to try mediation first?

Mediation is not mandatory in every case, but parties must consider out-of-court ways of settling their dispute before going to court. Many estate disputes settle this way.