Estate litigation is a specialized area of practice. It involves disputes among family members, friends and associates in the area of Wills, ownership of property, and caring for elderly or those unable to care for themselves or manage their personal and financial affairs. Estate litigation issues are not limited to matters that arise after a person has died but may also involve issues that arise before someone’s death.
Here is a list of some of the issues that can arise in estate and trust litigation:
- claims under the Part 4, Division 6 of Wills, Estates and Succession Act, by or against a surviving legal or common-law spouse, children, and/or adopted children, of someone who died with a valid Will that is considered unfair or unreasonable;
- whether a Will is valid;
- applications regarding the interpretation or construction of provisions in a Will;
- claims regarding the proper administration of a deceased’s estate by an executor or administrator;
- trust claims or trust litigation involving the true ownership of assets, such as bank accounts and property;
- breach of duty claims under a Power of Attorney or Representation Agreement;
- elder abuse, including financial abuse; and
- applications or nominations for committeeship to assist elderly persons or others who are unable to care for themselves or manage their affairs.
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