We are able to expertly and efficiently assist you in any matter involving a will or trust, an estate involving a will and no will, a tax matter arising from death or a disposition, a guardianship or committeeship involving a vulnerable person with incapacity or diminished capacity and other similar matters that arise in a family that may be contentious.
We have the expertise to assist any party in these disputes, including acting for the disinherited child or spouse, the beneficiary under the Will, the executor or trustee in their estate or trust administration, the power of attorney who is dealing with the incapable assets and those persons who are concerned about the attorney’s actions, the elderly vulnerable person and those trying to protect them. We are able to bring our experience and talents to resolve disputed matter by negotiations, mediation, arbitration or if necessary, in the courts through litigation.
We have estate litigation lawyers practising in all of our Canadian offices, who are able to offer services ranging from the simple to the most complex estate related matter, including cases involving assets and beneficiaries who are located in more than one Province or even outside of Canada.
We can assist on various contentious matters, including:
- Variations to wills or dependants’ relief claims
- Challenges to wills and trusts, beneficiary designations, gifts and other transfers based on questions of validity, undue influence, coercion or lack of capacity
- Validity, use or misuse of a power of attorney
- Court appointment of a legal representative for an incapable adult
- Claims against attorneys, executors, administrators or trustees for fraud, theft, misuse of funds, conflict of interests, breach of trust or breach of fiduciary duty
- Validity of trust planning, validity of joint tenancy and co-tenancy transfers
- Claims to recover assets recovery to an estates or for a vulnerable adult
- Court applications to interpret legal documents, including a will or a trust
We also provide advice to the attorney, executor, administrator, trustee who is responsible for another’s assets and monies to ensure to provide them with guidance and protection in their management of an incapable person’s assets or in the administration of an estate or a trust. Issues can arise where we can:
- Obtain court interpretation and determine validity of legal documents
- Seek advice and direction of the court
- Determine rightful heirs to an estate
- Determine the proper assets of an estate, including suing to recover assets or debts
- Prepare accounting and have the beneficiaries or the court to approve the administration and to obtain an award for fee/compensation and discharge
- Deal with Canada Revenue Agency on any tax matters, including appearing at appeals and Tax Court as may be required
For more information or to get legal assistance with your will/estate/trust question, please contact any one of our experienced estate litigators.
