skip to main content

p 905 451 3040

Call now: 905 451 3040

LinkedIn Icon

Estate, Trust, and Incapacity Litigation

Wills, estate trusts, and powers of attorney often involve complex legal issues that lead to litigation. Our lawyers have specialized expertise to assist individuals who require guidance resolving contentious matters relating to estate administration, wills and trusts, beneficiary claims, powers of attorney and guardianship.

A testamentary document such as a will, trust, or codicil, or a power of attorney sets out an individual’s wishes following death or in a situation where that person’s capacity is diminished. Such testamentary documents often do not sufficiently dispose of assets, are ambiguous, unclear, or fail to make adequate provision for a dependent. These situations often lead to disputes.

At Lawrences, we have extensive experience in dealing with will challenges and executors or heirs of an estate who are concerned about the circumstances surrounding the preparation of a will, or believe they have been wrongly excluded, or feel that family members or others influenced the completion of a will, or that a family member lacked capacity to make a will.

We have extensive experience in both advancing and defending claims and resolving matters in a manner that meets the needs of our clients.

We have also advanced and defended breach of trust or breach of fiduciary duty claims against executors, trustees, or other personal representatives. We have acted in cases involving claims for compensation or unjust enrichments where the deceased failed to live up to legal obligations and promises made while alive.

We have represented estate trustees, beneficiaries, and claimants with an aim to provide efficient and results oriented legal advice in resolving estate and incapacity litigation disputes.

Mar 20, 2015 | Case Study

Greedy Estate Trustee

The Problem A friend was appointed as executor of an estate where the deceased had directed in his will that the residue of the estate be divided e...

Nov 11, 2013 | Presentation

Estate Litigation and Costs: Protecting Your Client (and Yourself)

At the outset of litigation, costs can sometimes be a distant thought, as the reality of being saddled with the fees of one’s opponent have not yet become tangible. However, judges are lending more consideration to costs, and counsel should be increasingly mindful of that. Years ago costs were not really an area that justified acute attention. Nevertheless, with the development of this area in the estates context, it becomes clear that this last-leg of combat requires strategic thinking from the inception of litigation. The conduct during the proceedings can have a large determination as to how costs are finally apportioned.

Apr 01, 2008 | Article

Death, Taxes and Testamentary Trusts: How Estate Planning Can Help

Losing a loved one is bad enough, but losing large chunks of an inheritance at the same time can feel like cruel and unusual punishment. A bereaved family can find probate fees or capital gains tax eating up a large part of their loved one’s estate.

Our Services

All Practice Areas

© 2015 Lawrence, Lawrence, Stevenson LLP

LinkedIn Icon

43 Queen Street West, Brampton, ON, Canada L6Y 1L9
Telephone: 905.451.3040 Fax: 905.451.5058 Email: lls@lawrences.com

Menu

 

Menu
Menu