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Estates and Trusts Litigation

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When you are faced with a dispute about a loved one’s assets, will or estate, partnering with our dedicated lawyers who take pride in creatively resolving such disputes is critical to achieving the best outcome.  Families, unfortunately, can become embroiled in disputes and disagreements as parents or loved ones age or become vulnerable, and also following death.  Recognizing that these can be trying times, we bring our decades of knowledge and experience to act in your best interests. 

Estates and Trusts Litigation Lawyers You Can Trust

We have a team of Estates and Trusts Litigation lawyers who have decades of experience in this practice area.  We can also draw on the experience of our Estate Planning and Adminisration team to deliver a creative and holistic approach to your dispute.  Our top priority is achieving the best results for our clients through in-depth enquiry, a highly personal approach and dedicated experience in this area of law.  We use various techniques and strategies through negotiation, mediation and advocacy at all levels of Court in British Columbia.

All families are unique and so too are the circumstances involving their disputes. We cannot list all of the circumstances that may apply in the myriad of situations that we have addressed over the years, but should any of these circumstances apply to you, please do not hesitate to contact us.

Pre-Death

  • Disputes about the ownership of assets, including property and money – holding assets in trust
  • Challenging transactions transferring assets – validity of transactions, including capacity and undue influence
  • Concerns about your loved one’s mental capacity to take care of his or her personal and financial affairs or concerns about your loved one’s vulnerability to others – committeeship
  • The conduct of someone appointed under a Power of Attorney or Representation Agreement – breach of fiduciary duty

Post-Death

  • Whether a document is a Will
  • Whether a Will is valid – challenges to validity: capacity, knowledge and approval and undue influence
  • Interpretation and rectification of a Will
  • Whether a valid Will is fair in distributing the estate – wills variation

ESTATES

  • Attacking or defending Trusts
  • The role and conduct of trustees
  • Trust accounting

Estates and Trusts Disputes

These disputes arise in circumstances that may be highly emotional, among those with close relationships or at a time of grief at the loss of a loved one. You will benefit not only from the expertise but also from the personal attention of our dedicated team of lawyers to the details of your particular circumstances, both of which you need to successfully resolve your dispute.

We bring a team approach working with you to achieve the best results for you; but, first it starts with a conversation.

Book your consultation and speak with one of our Estate Litigation lawyers. We will listen to you, then explain the legal issues that apply to your situation and discuss with you the options for proceeding. We will develop a strategy with you that is tailored to your specific circumstances, and hold your hand as we work through the process for achieving your best outcome.

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Power of Attorney, Representation Agreement and Committeeship

Concerns about your loved one’s mental capacity to take care of his or her personal and financial affairs or concerns about your loved one’s vulnerability to others

When someone is not capable of managing his or her financial and legal affairs or making decisions about his or her care, his or her Attorney, appointed under a valid Power of Attorney, or Representative, appointed under a valid Representation Agreement, can attend to those financial and legal affairs and make healthcare and other care decisions.

The Attorney and the Representative are under an obligation to act in the best interests of the person who granted them that authority.

In the absence of a valid Power of Attorney or Representation Agreement, or should there be concerns about the Attorney’s or the Representative’s actions, Court appointment of a committee (guardian) is required.  The committee can be appointed as committee of estate – to attend to financial and legal affairs, and/or committee of person – to attend to day-to-day living, and to healthcare decisions.

We have extensive knowledge and decades of experience with committeeships to which all relatives consent as well as contested committeeships.

In some cases, it may be time to rescind or undo the appointment of a committee based on medical evidence that a committee is no longer necessary, as the person is mentally capable of attending to his or her financial and legal affairs.  We can also assist you with rescinding committeeship appointments.

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