Estate Litigation, Capacity Litigation And Elder Law
Legal issues involving the assets of deceased relatives and friends, the protection and care of individuals that are incapable, those who are becoming more and more incapable and those who are or were dependant on someone who died, are manifold and can be very complicated. Disputes may be about estate property once someone has died, argument over whether a person’s Last Will and Testament is valid or what assets are to be included in an estate for ultimate payment to beneficiaries, whether someone requires formal guardianship or whether a trustee, guardian or other entity acting as a fiduciary should be held to account for their actions.
At Agro Zaffiro LLP, our estate and capacity litigators have extensive experience in simplifying and sorting out these issues, including through the Courts if necessary. From disputes between siblings, attorneys for property (under a power of attorney) or between beneficiaries and trustees, we’ve seen it all. We understand that disputes, including those between family members (often between siblings or between parents and children) are stressful and emotional. We use various techniques to obtain results including alternative dispute resolution such as mediation and negotiation, but when necessary, we advance and defend claims on behalf of our clients with a view to cost effectiveness.
We act for estate trustees, beneficiaries of estates, spouses, children, those who may be considered “dependants” of an estate, attorneys for property and personal care, guardians of property and personal care and people in disagreement about family assets, inheritance and property issues.
Our lawyers have acted at all levels of Court in Ontario, and have expertise in all estate and capacity litigation matters, including:
• Will interpretation, challenges and defences
• Passings of accounts
• Dependant relief claims
• Disputes between attorneys and guardians
• Capacity litigation
• Guardianship applications
• Elder law
• Applications and motions for directions
• Appeals in estate litigation matters
• Disputes between trustees
• Representing estate trustees during litigation (ETDL)
• Defending claims against estates and estate trustees
• Disputes about gifts
• Property disputes and transfers
• Joint bank accounts
• Joint real estate
• Resulting trust
• Constructive trust
• Primary and secondary estates
• Appeals
• Costs involving estate litigation matters
