Estates and Trusts Litigation

Overview

Our Estates and Trusts Litigation Group manages a broad range of complex and sophisticated disputes relating to wills, trusts, capacity issues and estate and trust administration. We have successfully represented high net worth individuals, beneficiaries, trustees, estate trustees, financial institutions, trust companies and charities in will challenges, guardianship applications, dependant support applications, power of attorney disputes, contested passing of accounts applications and other fiduciary-related litigation.

Our specialized expertise in estates, trusts and capacity matters allows us to strategically advocate and advance each client’s interests. Given the personal nature of disputes in estates and trusts law, we strive to resolve disputes efficiently and effectively by adopting an approach appropriate to the particular circumstances of each case.

As a full-service national law firm, we are able to draw on the expertise of our colleagues in other practice areas, such as corporate, real estate and tax, where specialized expertise is required. The vast resources Miller Thomson LLP has to offer in this area have proven invaluable to our clients. Our lawyers are highly ranked in all the leading national and international ranking publications: Chambers High Networth Guide, Martindale-Hubbell, Who’s Who Legal: Canada, the Best Lawyers in Canada®, Lexpert®.

Our areas of expertise include:

  • Will challenges
  • Dependant support claims
  • Contested passings of accounts
  • Guardianship and protective supervision applications
  • Power of attorney protection mandates and capacity disputes
  • Trustee disputes
  • Variation of trusts
  • Removal or replacement of trustees
  • Breach of trust and breach of fiduciary duty
  • Solicitor’s negligence
  • Advising estate trustees during litigation, liquidators during litigation and other fiduciaries

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