General guidance
This guide currently contains general legal information. Jurisdiction-specific guidance for your location is coming soon. The Concaso assessment will still tailor its questions and analysis based on your jurisdiction.
Tailored versions available: Ontario, British Columbia, England & Wales.
Three different disputes, often confused
Estate disputes usually fall into one of three types. They have different grounds, different evidence and different deadlines, and it is worth being clear which one is actually in issue.
| Type | The question | Typical evidence |
|---|---|---|
| Validity | Is this document a valid will? | Drafting notes, medical records, witnesses |
| Entitlement | Should provision be made for someone? | Financial dependency, relationship history |
| Administration | Is the executor doing the job properly? | Accounts, asset records, correspondence |
Grounds for challenging a will
- Formal requirements — signing and witnessing not carried out as required
- Capacity — whether the person understood the nature of the document, their property and who might expect to benefit
- Undue influence — pressure that overbore the person's own wishes
- Knowledge and approval — whether they understood and approved the contents
- Fraud or forgery
- A later will or codicil that revoked the one being relied on
Capacity is assessed at the time the will was made, not later. The lawyer's file notes from the drafting meeting and the medical records from around that date are usually the most important documents in the case.
What an executor is expected to do
An executor or personal representative holds the estate for the beneficiaries and is generally expected to act impartially, keep the estate's assets separate, and be able to account for everything that came in and went out.
Early
Identify and secure the assets, and obtain the grant or probate where required.
During
Keep full records; beneficiaries are usually entitled to an accounting.
Before distributing
Deal with debts, taxes and any claims against the estate.
At the end
Distribute and, where required, pass the accounts for approval.
Common administration complaints+
- Long delay with no explanation
- Refusal to provide information or accounts to beneficiaries
- Selling an estate asset to a connected person or below value
- Occupying or using estate property without accounting for it
- Excessive compensation taken by the executor
Deadlines once administration beginsGeneral guidance
Estate deadlines are often short and tied to events such as the grant of probate or the date of death rather than to discovery. Claims for provision from an estate in particular tend to have strict windows, and once the estate has been distributed recovery becomes much harder regardless of the merits.
Documents to gather
- The will and any earlier wills or codicils
- The grant of probate or certificate of appointment, if issued
- The drafting lawyer's file and notes, where obtainable
- Medical records from around the date the will was made
- Estate accounts, bank statements and asset valuations
- Correspondence with the executor and other beneficiaries
Evidence that carries weight
- Statements from witnesses to the signing
- Evidence of the deceased's condition and living arrangements at the time
- Records of who arranged the appointment and who was present
- Records of financial dependency for a provision claim
- Evidence of estate assets transferred before or after death
Want both lists in one printable page?
Common mistakes
- Waiting until the estate has been distributed to raise a concern
- Confusing an unfair distribution with an invalid will
- Removing property from the home before the estate is inventoried
- Missing a short window for a provision or variation claim
- Acting as executor and beneficiary without keeping the accounts separate
Frequently asked
Can I stop the estate being distributed while I investigate?
Most systems have a mechanism — a caveat, notice of objection or similar — that pauses the grant or the distribution. They usually have to be filed early to be effective.
Am I entitled to see the will?
Once probate is granted the will is commonly a public document. Before that, entitlement to see it varies by jurisdiction and by your relationship to the estate.
Who pays the costs of an estate dispute?
Historically some estate litigation costs were paid from the estate, but modern practice in many places is closer to ordinary civil costs rules, so this should not be assumed.
Can an executor be removed?
Courts can generally remove a personal representative, though it is treated as a serious step and usually requires more than disagreement or slow progress.
What if there is no will?
Intestacy rules set who administers the estate and who inherits, in a fixed order. Disputes then tend to be about who should be appointed and how assets are valued and divided.
Assess my situation
Concaso turns what you already know into a structured, confidential report — strengths, weaknesses, missing evidence, and the deadlines that matter. We will start you in the right place based on this guide.
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This guide is general information, not legal advice, and Concaso is not a law firm. Reading it does not create a lawyer–client relationship. Deadlines and procedures differ by jurisdiction and change over time — confirm anything you intend to rely on.