Will Interpretation Lawyer Charles Ticker
No matter how precise we try to be in our use of language, we can never eliminate the possibility of ambiguity in a will. When ambiguity arises in a will — a particular danger if the will is not drafted by a lawyer — the estate trustee or executor faces a problem. Beneficiaries dissatisfied with an executor’s interpretation of an ambiguous provision may attempt to hold him or her liable in court— and may succeed.
Executors must tread carefully, especially when there are will interpretation issues. Wills are not always clear, yet executors must follow the provisions of the will in order to discharge their duties. To shield themselves from liability for their actions in a will interpretation dispute, they should seek the advice of an estate lawyer.
With the lawyer’s help, they can make an application under Rule 14.05 of the Ontario Rules of Civil Procedure for the Court to interpret the will. When the executor acts pursuant to a Court’s order, he or she may be protected pursuant to the indemnity provisions of Section 63 of the Trustee Act. If you are an executor and you want to find out if you are protected, you should contact an estate litigation lawyer.
Will interpretation requires experienced counsel
Charles Ticker brings decades of experience as a will interpretation lawyer to his representation of executors in will interpretation disputes. As your lawyer, he will file a Rule 14.05 application with the court on your behalf. He will prepare the necessary affidavits, frame the specific questions for which you seek an answer from the Court and suggest interpretations of the problematic provisions from which the Court can choose.
Charles Ticker also represents beneficiaries in will interpretation disputes. The only difference is that instead of presenting alternative interpretations neutrally on behalf of an executor, he acts as an advocate for an interpretation that favors the beneficiary. Charles Ticker is also a qualified mediator, a skill that serves executors particularly well in jurisdictions where mediation is required, such as Toronto, Ottawa and the County of Essex.
The information on this website is not legal advice. It is for informative purposes only. To schedule an appointment, call: 1-866-677-7746. A lawyer can only be retained after a consultation where all the details of the matter and retainer are discussed.