While no one wants their will to be contested, estate litigation plays a crucial role in resolving disputes and ensuring the fair distribution of a deceased person's assets. So, how can you avoid it?

Episode 12 ⁠–⁠ Protecting Your Estate from Litigation with Amelia Yiu

In this episode, Frankie and Sarah are joined by Amelia Yiu, the founder of Elm Law in Whitby, Ontario. With 17 years of experience in estate litigation and family law, she dives into the complexities of estate litigation, discussing who can contest an estate, common reasons for disputes, and strategies for expressing clear testamentary wishes to prevent litigation. Amelia underscores the need for a professional advisory team and examines the validity of wills. She provides examples, addresses the importance of evidence and full disclosure in litigation, and advises how to proactively address potential claims by considering all possible interested parties.

Frankie, Sarah, and Amelia talk about:

• Who can claim against an estate
• Grounds for challenging a will
• Different types of claims against an estate
• Common reasons for estate litigation
• The validity of wills in estate litigation
• The importance of having a team of professionals
• Real-life examples of estate litigation cases

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Resources:

• The Fundamentals of Wills and Estate Planning with Denise Branton (Ep. 11)
• Estate Distribution and Probate Planning: What You Need to Know (Ep 7)
• Why You Should Plan For Your Estate Taxes (Ep. 6)

Connect with Frankie Loreto and Sarah Netley

• Courtice.BakerTilly.ca
• LinkedIn: Baker Tilly Canada
• LinkedIn: Frankie Loreto
• LinkedIn: Sarah Netley
• Telephone: 905.579.5659

About Our Guest:

Amelia Yiu, LL.B., TEP is the owner and Principal Lawyer at Elm Law Professional Corporation: Estate Litigation and Powers of Attorney.

Amelia’s practice is focused on Estate Litigation, Power of Attorney Disputes, and Family Law as it relates to Estates or Power of Attorney matters. Death or incapacity of a loved one is always a very difficult time for families, but family disputes bring emotional complications.

As an experienced lawyer, Amelia believes that legal counsel should be accessible and cost‑effective for her clients. That’s why Amelia takes the time to understand her clients and the family dynamics at the heart of the issues. She pursues her clients’ best interests to the greatest extent possible.

Amelia has appeared before the Ontario Court of Appeal, Divisional Court, and the Superior Court of Justice. Amelia received her Bachelor of Laws from Queen’s University in 2006 and was called to the Ontario Bar in 2007.

Amelia is the former Chair of the Elder Law Section of the Ontario Bar Association.  She is listed as an expert in the area of Trusts & Estates Litigation on ReferToHer and is a member of STEP. She has also been a speaker and panelist at various continuing legal education seminars on elder and estate law.

Meet the Author

Sarah Netley
Courtice, Ontario
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Francesca Loreto
Courtice, Ontario
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