
Estates and Litigation Involving Estates, Trusts, and Powers of Attorney
Estate disputes often follow the death of a parent or other loved one. Family grievances are intensified and trust evaporates. Our lawyers attempt to provide sensitive and sage advice to resolve the disputes as quickly and as economically as possible, whether through negotiation, mediation, arbitration or, if necessary, litigation.
We handle contentious and non-contentious court proceedings, as well as pre-litigation dispute resolution, involving estates, trusts, and capacity issues. We act for estate trustees, beneficiaries, fiduciaries (including guardians and attorneys for property and personal care), family members, and trust companies.
Types of contentious matters on which we can assist include:
- will challenges arising from incapacity, lack of knowledge and approval and undue influence;
- challenges of inter vivos transfers of property and joint ownership;
- dependant support applications;
- powers of attorney and guardianship disputes;
- trustee removal and replacement; and
- applications for advice and directions on estate and trust issues.
Types of non-contentious matters on which we can assist include:
- proving a will in solemn form and validating non-compliant wills;
- will rectification and interpretation;
- variation of trusts;
- appointment of estate trustee;
- uncontested guardianship applications;
- advice to estate trustees;
- estate administration; and
- acting as estate trustee or estate trustee during litigation.