Estate Litigation

Estate litigation encompasses the various types of will, estate and trust disputes that arise as between family, executors, beneficiaries, and interested individuals. Giffen Lawyers has the necessary experience providing legal assistance in these complex legal matters, assessing and evaluating each circumstance to guide our clients to practical and effective solutions.

Our office represents and advises clients in matters of:

• Probate Applications
• Court Applications to Interpret a Will or Trust
• Court Applications to Vary a Trust
• Challenges and defences to the validity of a will  
• Applications to rectify a defective will
• Spousal Claims and Elections
• Dependants’ support and relief claims
• Quantum meruit claims as against an Estate
• Unjust enrichment claims as against an Estate
• Other claims and remedies against Estates
• Trustee and Attorney obligations
• Applications to contest the administration of an Estate including claims of delay or mismanagement of Estate assets
• Applications to remove an Executor / Estate Trustee
• Trustee / Executor Disputes including with respect to Trustee Compensation
• Passing of Estate, Trustee, Attorney, Guardian and Fiduciary Accounts
• Services as Estate Trustee During Litigation
• Defence of solicitor’s negligence

Passing of Accounts

Keeping and presenting proper accounts is of greatest importance when acting in a fiduciary capacity as either a trustee, attorney, or guardian. Our Estate Litigation team has the skills necessary to guide you with your fiduciary obligations including maintaining accurate records, to assist you in presenting your accounts in the proper, mandated format for review and to defend against a challenge by beneficiaries.   

Giffen Lawyers can help beneficiaries and interested parties hold fiduciaries accountable for their actions and ensure compliance with fiduciary obligations reviewing both formal and informal accounts to ensure the appropriateness of expenditures and compensation being claimed.

Guardianship and Powers of Attorney

When a loved one is unable to properly care for themselves, it can be difficult to navigate all of the issues that arise, and this uncertainty is often compounded by complex laws and, from time to time, disputes over who is in the best position to act in the best interests of the loved one.

Our team at Giffen lawyers can provide guidance, advice and counsel in guardianship, power of attorney and capacity matters. We help you fully understand your case, provide realistic expectations of what you can achieve, and aggressively pursue your goals.

Our office represents and advises clients in matters of:

• Capacity disputes
• Applications for guardianship of the person and/or of property
• Guidance with respect to fiduciary obligations for the guardian, attorney or trustee
• Disputes with respect to the actions of a guardian, attorney or trustee
• Applications to pass accounts and challenges to accounts
• Claims of abuse