The litigation team at Lawson Lundell can assist in all manner of disputes involving trusts, estates, incapacity issues and undue influence. Our litigation group has the experience to effectively assist clients to navigate complicated and stressful disputes between family members, beneficiaries and executors or trustees, and with charitable organizations or health authorities.
In addition to matters relating solely to trust and estate litigation issues, our litigation team also has extensive experience in real estate, corporate and commercial litigation, giving us expertise in trust and estate disputes that involve corporate assets, real estate and other corporate or commercial issues.
Our litigation team’s expertise and experience includes court litigation before all levels of Court in B.C., Alberta, the North West Territories, Nunavut and the Supreme Court of Canada, and also involves alternate dispute resolution processes such as arbitration and mediation. We are also able to assist clients before litigious disputes arise, in terms of risk assessment and advice on the potential resolution of disputes before proceedings have been commenced.
As advocates in these types of disputes, Lawson Lundell’s litigation team has experience with all areas of trusts, estates and incapacity matters, including:
- Challenges to the validity of wills or trusts.
- Challenges to powers of attorney or representation agreements.
- Claims arising in the administration of estates and trusts, and the exercise of trustee or executor duties.
- Dependent support relief claims, including wills variation actions.
- Claims against executors, trustees and attorneys for breach of their duties.
- Disputes as to the interpretation or construction of testamentary documents.
- Applications for committeeship appointments.
- Preparation of complicated estate applications including court orders and vesting orders for the purposes of estate assets and beneficiaries.
- Proceedings to appoint, remove or replace executors, trustees and guardians.
- The passing of accounts of executors, trustees and attorneys.
- Trust and estate matters involving charitable organizations.
- Disputes involving elder abuse and adult guardianship.
- Disputes involving allegations of undue influence and misappropriation of assets.