--- title: "Estate & Succession Disputes ✦ Goldwater Droit" canonical_url: "https://goldwaterdroit.com/en/services/estate-succession-disputes" last_updated: "2026-09-03T05:48:16.184Z" locale: en meta: description: "Resolving inheritance disputes and protecting your rightful inheritance interests" "og:description": "Resolving inheritance disputes and protecting your rightful inheritance interests" "og:title": "Estate & Succession Disputes" --- Home #### *Our Services* ### Estate & Succession Disputes Lawyers in Montreal We litigate succession disputes when inheritances are contested, executors breach their duties, or estates become battlegrounds. From will validity challenges to beneficiary rights enforcement, we bring decisive courtroom experience to high-stakes estate conflicts across Quebec. When negotiation fails and litigation is inevitable, we protect your inheritance with the same relentless advocacy that has defined our practice for over 40 years. ### What they intended matters. We fight to see it through. [Book a Consultation](https://goldwaterdroit.com/en/our-team) ### Who We Represent ##### Disinherited Heirs & Beneficiaries Challenging wills obtained through undue influence, lack of capacity, or formal defects that deny you rightful inheritance. ##### Executors Under Attack Defending fiduciaries falsely accused of mismanagement, breach of duty, or self-dealing during estate administration. ##### De Facto Spouses & Common-Law Partners Pursuing unjust enrichment claims when decades of contribution are ignored after your partner's death. ##### Families Protecting Testamentary Intent Defending valid wills against opportunistic challenges from disappointed heirs seeking to overturn the deceased's clear wishes. ##### Business Partners & Co-Owners Resolving succession disputes affecting business continuity, shareholder agreements, or partnership interests. ##### Those Facing Executor Misconduct Seeking removal of executors who misappropriate assets, fail to account, or breach fiduciary duties owed to beneficiaries. ### Legal Context in Quebec ### Our Services #### Will Contests & Validity Challenges Not all wills reflect true intentions. We challenge wills executed without testamentary capacity, under undue influence, or with formal defects that make them legally void under Quebec law. Our evidence includes medical records proving cognitive decline, testimony exposing manipulation, and expert analysis of suspicious circumstances. We've successfully overturned wills where beneficiaries drafted the documents themselves, where testators lacked understanding, or where coercion replaced free choice. When defending valid wills, we prove the testator's capacity, document proper execution, and defeat baseless challenges that dishonor the deceased's wishes. - Testamentary capacity disputes - Undue influence claims - Formal validity challenges - Holograph will defects - Witness requirement violations - Probate opposition proceedings #### Executor Removal & Fiduciary Breach Executors owe absolute loyalty to estates and beneficiaries. When they fail by misappropriating funds, refusing to account, favoring certain heirs, or abandoning their duties, we remove them through urgent court intervention. We've obtained removal orders within weeks when beneficiaries faced immediate harm. We've recovered assets from executors who treated estates as personal banks. We've compelled accountings when records disappeared. For executors wrongly accused, we defend against frivolous claims that threaten your reputation and expose you to personal liability. - Emergency removal applications - Breach of fiduciary duty claims - Accounting demands and enforcement - Asset misappropriation recovery - Self-dealing challenges - Executor liability defense #### Beneficiary Rights & Distribution Disputes Getting what you're entitled to shouldn't require litigation, but often it does. We enforce beneficiary rights when executors delay distributions, disputes arise over asset valuations, or interpretation of will provisions creates conflict. Through detailed review of testamentary documents, forensic accounting when necessary, and aggressive motion practice, we secure timely distributions. We challenge executors who stonewall legitimate demands. When multiple beneficiaries claim the same assets or dispute entitlements, we cut through confusion with clear legal analysis and decisive court intervention. - Distribution enforcement - Beneficiary entitlement disputes - Will interpretation conflicts - Asset valuation challenges - Legacy and bequest claims - Specific gift disputes #### Unjust Enrichment Claims by Common-Law Spouses Quebec law denies common-law spouses automatic inheritance rights. But decades of contribution deserve recognition. We've won landmark unjust enrichment claims for de facto spouses who sacrificed careers, provided care, or built shared lives only to be excluded from estates. Our 2011 precedent in Montreuil c. Jasmin secured $250,000 in compensation, establishing that long-term partners merit equitable recovery. We quantify contributions through economic analysis, document enrichment of the deceased, and prove absence of legal justification. We secure justice when wills or intestacy rules fail you. - De facto spouse claims - Economic contribution quantification - Peter v. Beblow applications - Article 1493 C.C.Q. claims - Career sacrifice compensation - Caregiver contribution recognition #### Estate Freezes & Protective Orders When estate assets face imminent dissipation, immediate court intervention is necessary. Executors liquidating property. Beneficiaries removing valuables. Third parties making claims. We obtain emergency court orders within 24-48 hours. Seizure orders freeze bank accounts. Injunctions stop asset transfers. Safeguard orders preserve evidence and prevent destruction of estate records. We've secured protective relief across multiple jurisdictions simultaneously, preventing millions in losses while litigation proceeds. Speed and precision in emergency applications protect what's left to fight over. - Emergency asset freezes - Seizure before judgment - Injunctions against asset dissipation - Evidence preservation orders - Third-party claim blocking - Multi-jurisdiction protective orders #### Succession Planning Disputes & Trust Litigation Family businesses, trusts, and complex succession structures create unique conflicts. We litigate disputes over trust administration, challenge trustees who breach duties, and resolve conflicts between trust terms and changed circumstances. When succession plans fail, we provide swift resolution. Family members contest buy-sell agreements. Trustees favor certain beneficiaries. Business continuity is threatened. We intervene through court action or aggressive negotiation backed by litigation readiness. - Trust validity and interpretation - Trustee removal and breach claims - Business succession disputes - Buy-sell agreement enforcement - Testamentary trust conflicts - Corporate succession litigation ### Our Experience Unjust enrichment claims $250,000 award to common-law spouse in landmark Quebec case Undue influence and capacity Invalidating wills procured through exploitation (Succession de Crispino, 2019) Emergency asset preservation Preventing estate dissipation across multiple jurisdictions 40+ years of succession litigation Establishing Quebec’s estate and succession precedents Executor removal Swiftly removing executors who breach fiduciary duties Will contests and challenges Successfully contesting and defending wills in Quebec courts ### Our Approach #### Immediate Assessment & Evidence Preservation 48-hour case evaluation and evidence protection. Succession disputes have strict deadlines. Will contests must be filed within prescribed periods. Evidence disappears as estates are administered. We assess your case within 48 hours, identifying urgent protective measures and preservation needs. Medical records proving incapacity. Emails showing undue influence. Financial documents exposing breach. We secure evidence immediately before it's lost, destroyed, or becomes inadmissible. Time-sensitive succession litigation requires immediate action. We move fast to protect your rights. #### Strategic Litigation, Not Endless Mediation Decisive courtroom advocacy when estates are contested. We don't mediate succession disputes. When estates are contested, when executors breach duties, or when inheritances are wrongfully denied, courtroom resolution is inevitable. We litigate decisively. Early motion practice establishes facts. Thorough examinations expose weaknesses. Trial preparation begins immediately. Our reputation for relentless advocacy often forces favorable settlements, but we're always prepared to take your case to judgment. No compromise on your inheritance rights. #### Precedent-Setting Litigation Shaping Quebec succession law through landmark cases. Quebec succession law continues evolving through cases like ours. We've established precedents on de facto spouse rights, testamentary capacity standards, and fiduciary duties. When your case presents novel legal issues or requires appellate intervention, we have the expertise and commitment to see it through. Some disputes change law for everyone. We're prepared for that fight. Leading succession law precedents in Quebec for over 40 years. #### *Book with the right lawyer for your succession matter* ### Meet the lawyers handling estate and succession disputes Connect with litigators who regularly handle will contests, executor disputes, estate claims, and inheritance litigation across Quebec. [*Anne-France Goldwater*](https://goldwaterdroit.com/en/our-team/anne-france-goldwater) Founding Partner [Email](mailto:afg@goldwaterdroit.com) [Download vCard](https://goldwaterdroit.com/_content-assets/profiles/anne-france-goldwater/attachments/me-anne-france-goldwater.vcf) [LinkedIn](https://www.linkedin.com/in/anne-france-goldwater-a66a8411/) [View Profile ](https://goldwaterdroit.com/en/our-team/anne-france-goldwater) [**Book Now**](https://book.goldwaterdroit.com/v2/#book/service/1) [*Eric Kirshner*](https://goldwaterdroit.com/en/our-team/eric-kirshner) Partner [Email](mailto:ek@goldwaterdroit.com) [View Profile ](https://goldwaterdroit.com/en/our-team/eric-kirshner) [**Book Now**](https://book.goldwaterdroit.com/v2/#book/service/46) #### *Tell us what estate or succession dispute you are facing and what needs immediate legal attention.*### Inquire about your case ### Areas served**We represent clients across Greater Montreal and throughout Quebec.** Our service area includes Westmount, Côte-des-Neiges, Notre-Dame-de-Grâce (NDG), Outremont, Plateau, Downtown Montreal, Laval, Longueuil, Brossard, LaSalle, Verdun, Pointe-Claire, Dorval, Kirkland, Beaconsfield, Vaudreuil, Saint-Laurent, Dollard-Des-Ormeaux, Saint-Léonard, Rosemont, and Villeray. We also appear regularly in courthouses across Quebec, including Montreal, Saint-Jérôme, Terrebonne, Valleyfield, Joliette, Granby, Saint-Hyacinthe, Sherbrooke, Drummondville, Trois-Rivières, Gatineau, and Quebec City.