Markham’s estates are rarely simple. A $1.8 million Unionville home, a tech startup in Cornell, and a family split across three continents can turn probate into a minefield. When wills are contested, executors face lawsuits, or vulnerable beneficiaries need guardianship, probate and estate litigation lawyers in Markham become the difference between closure and chaos.

At Bobila Walker Law, we specialize in probate applications, estate litigation, and guardianship disputes—exclusively. No family law, no real estate closings—just the high-stakes battles that arise when estates go wrong. This article dives into Markham’s toughest probate and litigation challenges, with a sharp focus on guardianship issues that often tip families into court.

Probate in Markham: More Than Paperwork

Probate isn’t optional when real estate, sole-name bank accounts, or private company shares are involved. The Certificate of Appointment of Estate Trustee (with or without a will) is filed at the Newmarket courthouse serving York Region. Markham’s realities amplify the stakes:

  • Court Backlogs: 3–6 month waits for routine applications; rejections for minor errors reset the clock.
  • Estate Administration Tax: 1.5% on estate value over $50,000—$25,000+ on a typical $2M Markham estate.
  • Executor Exposure: One missed creditor notice (six-month deadline) or undervalued asset can trigger personal liability.

We file probate applications daily, handling everything from will searches at the Archives of Ontario to sworn affidavits of execution. When urgency demands, we secure limited certificates to sell a Wismer property before market dips.

Estate Litigation: Markham’s Battlegrounds

Over 40% of our Markham files involve litigation—often before probate is granted. Common flashpoints:

1. Will Challenges

  • Undue Influence: A new spouse pressures an elderly parent in Markham Village to rewrite the will, cutting out adult children.
  • Lack of Capacity: Dementia claims against a will signed during a hospital stay at Markham Stouffville Hospital.
  • Suspicious Circumstances: A handwritten codicil surfaces after death, gifting the $1.5M Angus Glen home to a caregiver.

We defend valid wills with medical records, witness testimony, and forensic document analysis—or attack invalid ones with equal rigor.

2. Executor Misconduct Claims

  • Self-Dealing: An executor sells the family condo in Downtown Markham to their own company below market value.
  • Delay: Two years without accounting triggers a passing of accounts application at Newmarket court.
  • Breach of Fiduciary Duty: Favoring one sibling over others in distributions.

We compel formal accountings under Section 49 of the Estates Act, seeking court-ordered compensation or executor removal.

3. Dependent Support Claims

Under Part V of the Succession Law Reform Act, spouses, minor children, or disabled dependents can claim support beyond the will. A common-law partner excluded from a Markham estate? We file within six months of death—or defend against late claims.

Guardianship Disputes: Markham’s Hidden Crisis

Markham’s aging population—over 18% are 65+—drives a surge in guardianship applications under the Substitute Decisions Act, 1992. When capacity fades, families fracture:

  • Property Guardianship: An 82-year-old with early dementia owns a $2.1M Cornell home but can’t manage bills. Siblings disagree—one wants to sell, another wants to preserve for inheritance.
  • Personal Care Guardianship: A stroke survivor at Sunnybrook needs decisions on medical treatment and long-term care placement. Children feud over DNR orders.
  • Competing Applications: Two adult children file rival Section 22/55 applications at the Office of the Public Guardian and Trustee (OPGT), triggering mandatory mediation.

We navigate Capacity Assessments under Section 16 (property) and Section 45 (personal care), using geriatric psychiatrists and court-approved forms. Outcomes range from limited guardianship (e.g., finances only) to full OPGT appointment when family conflict is irreconcilable.

Real Markham Case:

A Markham widow with vascular dementia held $1.4M in sole-name investments. Her son (executor) applied for property guardianship; her daughter contested, alleging undue influence. We secured an interim guardianship order within 48 hours to prevent asset freeze, then mediated a joint management plan avoiding OPGT takeover.

How Bobila Walker Law Wins in Markham

  • Probate Precision: 95% of our applications approved on first submission.
  • Litigation Track Record: Successfully defended will challenges.
  • Guardianship Expertise: Handled competing applications.

Final Thoughts: Don’t Litigate Alone

Probate delays, will contests, and guardianship wars don’t resolve themselves. In Markham’s high-value, high-conflict estate landscape, probate and estate litigation lawyers are your firewall against financial loss and family breakdown.

Contact Bobila Walker Law for a free initial consultation—whether you’re facing a will challenge, executor removal, or urgent guardianship application. .

Bobila Walker Law LLP – Markham’s Probate, Litigation, and Guardianship Authorities.