Suing our sister for grief caused by her contesting our dad’s will

Our family lost our dad and the one daughter is contesting the will. She is causing grief and saying allegations that aren't true. Can we as Executor and beneficiaries sue her for defamation and pain and suffering?


Asked about 1 month ago in London, Ontario
Categories: Wills, Estates, Trusts

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Hamoody Hassan

Answer by Hamoody Hassan

VerifiedOntario lawyer

The best way to handle such disputes is to take the high road and do not get dragged into unwise court processes that will serve to deplete the estate. Experienced estate lawyers at Hassan Law recommend a wise, cool, calm and collected strategic approach. We learn as much as we can about the family history and personal dynamics which may lead to conflicts or could help resolve conflicts. By examining any prior power of attorney, or any assistance provided by a family member to the deceased prior to the death, and the will as your estate lawyer we hope to gain insight into the dispute and come up with a plan to resolve it without making matters worse by going to court in a further lawsuit for defamation.   Defamation tends not to be a solution to most family or estate disputes, although in today's social media world posts can last forever, unless one takes action to have them removed. It may be an option to send a warning letter to the social media platform and / or the person who made the post is both necessary and advisable.   It should be remembered that the deceased expressed their wishes but sometimes there is room for honest disagreement if the will was poorly drafted. The best way to resolve estate disputes where possible is by consensus. In order of expense the best approaches are a family meeting with the estate lawyer and the executors, failing that a meeting amongst the lawyers involved for the parties to determine the most expeditious approach, failing that consider mediation by a 3rd party who is objective and impartial, and finally one can resort to the courts and seek directions either on motion or at a pretrial or other early resolution hearing. Estate disputes can be quite costly. We recommend retaining experienced counsel. Hassan Law is available virtually via Webex, Zoom, Skype or another platform, by telephone or in person socially distanced with Covid 19 protocols in place for everyone’s safety if a personal office visit is desired. Presently we shall waive the $282.50 initial consult fee if interested and we are retained in the next 30 days. Good luck, Hamoody Hassan, BA LLB, LSO 1979, Senior Counsel, www.hassanlaw.com   Yours very truly,   Hamoody Hassan BA LLB LSO1979 Lawyer #19243E   "Be happy for this moment. This moment is your life."  Omar Khayyam Poet and Mystic   Hamoody Hassan, BA LLB Email: hamoody@hassanlaw.com The Chisholm Building 142 Dundas Street - 3rd Floor London, ON N6A 1G1  P: 519-432-4442 F: 519-432-8908 TF: 1-877-231-6421 hamoody@hassanlaw.com hassan@hassanlaw.com https://www.facebook.com/hamoody.hassan.376 https://www.linkedin.com/in/hamoody-hassan-9381277a/  

Posted about 1 month ago

This is general advice, not based upon any particular case, fact or law: seek individual legal advice. I can only answer generally and cannot offer an opinion about your case. If you want an objective opinion or to interview with a lawyer, check out many lawyers on the internet like our firm who offer free consultations on contingency files. You can also phone the Law Society Lawyer Referral Service directly at 1-855-947-5255 or 416-947-5255 (within the GTA), Monday - Friday, between 9 am - 5 pm. They will provide 3 names of lawyers who handle cases like yours. Good Luck! Hamoody Hassan, Senior Counsel, http://www.hassanlaw.com

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact <a href="http://hassanlaw.com/" target="_blank" rel="nofollow">Hamoody Hassan, Senior Counsel, </a><a href="http://legal.advicescene.com/account/www.hassanlaw.com" target="" rel=""></a><b><a href="http://www.hassanlaw.com/" target="_blank" rel="nofollow">http://www.hassanlaw.com</a></b>, or search the <a href="http://legal.advicescene.com/ca/lawyers" target="" rel="">Lawyer Directory</a>. <br>

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