Wills and Partitions – a brief Analysis.


Relationships between people, whether blood relations, matrimony, or business partnerships, are all linked with one common factor – the property and assets that are shared. This has been a historical fact and will most probably remain the same in the years to come. Like everything else, relationships also do not stand the test of time in some cases.

It can be seen that when people or parties of interest fall out of good terms, then the next thing they demand is the partition of assets and property. This can lead to serious legal battles and other complications.

To get the best results for your legal trial, associate with legal firms like avocat succession Litvack Dessureault LLP that will take care of your case in the most efficient way possible.

In case of a succession dispute, the petitioners can be siblings, cousins, or any other family relations who are directly or indirectly involved with the effects of the partition. An inheritance or succession will normally have a written Will by the last owner of the property/asset being partitioned. In most cases, the will stands effective after the death of the existing holder of rights. But in some special cases, the partition of assets is possible even while the owner is still alive.

In any case, a complex and complicated Will agreement is bound to anger the benefactors of the partition. Some of them might have expected more shares or a different part of the asset. Then they will move the court, raising their concerns and a justification of the will.

Another reason for a dispute over succession is the validity of the Will. Some of the written Wills regarding the partition of assets/estates are very old, sometimes even ancient, and can be controversial regarding current standings. This type of Will should be validated in court by the parties involved and then made acceptable by all the benefactors of the Will. Disputes concerning validation of Wills can take a long time.

Also, at times, the authority of the person who drafted the Will a long time back can be questionable and agitate the benefactors of the will. In this case, a validation of the Will is necessary.

Sometimes, legal assistance is required to understand the complex arrangements and complicated partition schemes of a Will. This can be done by dispute attorneys specializing in reading and deciphering the old clauses and phrases in Wills.

To conclude, always make sure to include a lawyer on the occasion of Will partitions and succession.