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Estate Litigation

Estate Litigation

We act for executors/administrators/trustees, heirs and beneficiaries, including charitable beneficiaries and persons who feel they have been wrongfully excluded from a share of an estate. We both prosecute and defend claims and seek court direction as best serves the needs of our clients.

We have extensive experience in matters concerning the validity of a will or trust where concerns arise about the maker’s mental capacity, undue influence or knowledge or approval of the document. We also act on behalf of family members and dependants of a deceased who seek to vary a will under legislation that allows for the court to give a greater share of the estate to them than they have been given under the will. We act on matters where property has been transferred through joint tenancy or outright transfer during a person’s lifetime that may not have been intended as a true gift and where a resulting trust arises. We act on matters where an unjust enrichment or compensation claim for benefits is made for benefits one person has provided to another.

We assist family members where a power of attorney appointment or a court appointment of a legal representative for an incapable adult is required to assist with the person’s financial and legal affairs or personal care decisions. We also advise families where there are vulnerable elderly members who require financial protection and act to recover assets for persons who have suffered a loss because of financial abuse or improvident transfers of assets. Where a person is in a position of trust or serves as a fiduciary to another, we bring proceedings to recovery losses resulting from the breach of trust or breach of fiduciary duty.

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