Estate & Trust Law

Estate Litigation

The Estate Litigation practice group offers a suite of services to meet the needs of clients involved in all aspects and stages of estate administration.

This includes contentious and non-contentious matters such as:

  • Applying for grants of probate or administration
  • Managing trusts
  • Passing accounts
  • Locating and preserving assets
  • Seeking advice and direction from the Court
  • Proving or contesting a Will
  • Applying to rectify, validate, or interpret a Will
  • Addressing claims of testamentary capacity and undue influence
  • Dependant relief claims
  • Adult interdependent partner and spousal claims
  • Accountability of Personal Representatives

 

Generally speaking, the goal of estate planning is to ensure a fair and orderly disposition of the testator’s assets upon death. In some cases (particularly where significant assets are involved) disputes are unavoidable. In other cases, the deceased may not have had the benefit of a sophisticated estate plan or a will at all. In any of these circumstances, our experienced estate litigation team will help our clients navigate the court process and provide cogent, practical advice.

Although we call ourselves litigators, our true goal is to help our clients avoid formal litigation if at all possible in order to preserve the value of the estate for the benefit of all beneficiaries as intended by the testator. When this is not possible, parties look to the Court to resolve their disputes. When that is required, our battle-tested litigators have the tools and skills necessary to successfully advocate for our clients’ interests.