Practice Area
Estates & Trusts
Thoughtful planning for the future. Practical guidance after a death. Focused representation when an estate is disputed.
Discuss an Estate MatterEstate law touches both careful planning and difficult transitions. A clear will and powers of attorney can help a family understand your wishes. After a death, an estate trustee may need guidance through probate, tax, property and distribution issues. When concerns arise about capacity, validity, accounting or fairness, the matter may require negotiation or court involvement.
Lawrence and Joshua assist with estate planning, trusts, estate administration and estate litigation. We explain the legal role of each document and process, identify decisions that require particular care and coordinate related property or family issues where needed.
Estate planning
An estate plan should reflect your family structure, assets, obligations and intentions. It should also be reviewed when major circumstances change.
We assist with:
- Wills
- Continuing powers of attorney for property
- Powers of attorney for personal care
- Trust planning
- Henson trusts and planning for beneficiaries with disabilities
- Joint partner and other family trust considerations
- Planning for minor or financially vulnerable beneficiaries
- Estate planning connected with marriage, separation or business interests
- Review and updating of existing estate documents
Estate administration
Acting as an estate trustee can involve significant legal and practical responsibility. The work may include identifying assets and liabilities, applying for a Certificate of Appointment, protecting property, addressing debts and taxes, communicating with beneficiaries, keeping accounts and distributing the estate.
We assist estate trustees with:
- Reviewing the will and identifying immediate duties
- Probate and applications for a Certificate of Appointment
- Small-estate applications where appropriate
- Estate Administration Tax considerations
- Collection, protection and transfer of assets
- Sale or transmission of real estate
- Creditor and beneficiary issues
- Interim and final distributions
- Estate accounts and passing-of-accounts matters
- Intestacy, where a person died without a valid will
Estate and trust disputes
Estate disputes can be legally complex and personally difficult. They often involve family history, questions of capacity or influence, competing interpretations of a will, concerns about an estate trustee’s decisions, or a claim by a dependant.
We advise estate trustees, beneficiaries and other interested parties in matters involving:
- Will challenges and questions of validity
- Capacity and undue influence
- Interpretation of wills and trusts
- Dependant support claims
- Removal or replacement of an estate trustee
- Estate trustee compensation
- Passing of accounts
- Disputes over distributions, ownership or beneficiary designations
- Negotiation, mediation and court proceedings
Planning with clarity
The goal of planning is not to predict every future event. It is to make informed choices, document them properly and reduce avoidable uncertainty.
During the planning process, we may ask about:
- family and dependant relationships;
- ownership of homes and other property;
- corporations, partnerships or business interests;
- registered plans, insurance and designated beneficiaries;
- assets in other jurisdictions;
- tax and accounting advice;
- potential claims or obligations; and
- the people selected to act as estate trustee or attorney.
What to bring to an estate-planning meeting
- Existing wills, powers of attorney or trust documents
- A general list of assets and liabilities
- Details of real estate and how title is held
- Corporation, partnership or shareholder information
- Insurance and registered-plan beneficiary information
- Legal names and relationships of intended beneficiaries
- Names of proposed estate trustees, attorneys and guardians
- Any family circumstance that may require special planning
Common questions
How we approach the work
- Attention to the history, documents and immediate deadlines
- A clear explanation of the legal and practical issues
- Proportionate steps directed to the client’s objectives
- Ongoing review as the facts and circumstances develop
Do I need a will?
Ontario law does not require every person to make a will, but dying without one means the estate is administered and distributed under provincial law rather than according to a personal plan. A will can name an estate trustee, direct distributions and address other important wishes.
What is probate?
“Probate” commonly refers to the court process used to confirm a will and the authority of an estate trustee, or to appoint an estate trustee where necessary. In Ontario, the formal document is generally a Certificate of Appointment of Estate Trustee.
What is the difference between a will and a power of attorney?
A will takes effect on death. A power of attorney authorizes another person to make specified decisions while the person who granted it is alive. Powers of attorney end on death.
When should an estate plan be reviewed?
Consider a review after marriage, separation, the birth or death of a family member, a major change in assets, the acquisition or sale of a business, a move between jurisdictions, or a change in the suitability of a named decision-maker.
Can an estate dispute be resolved without a trial?
Often, yes. Negotiation and mediation can be effective, particularly where the parties need a confidential, practical solution. Some questions require a court ruling. The appropriate process depends on the issues, evidence and urgency.
Begin with the facts that matter
Share a brief, non-confidential account of the issue, the people involved and any approaching deadline. We will consider whether we can assist and explain what should happen next.
Request an AppointmentPlan carefully or administer with confidence
Contact Lawrence or Joshua to discuss a will, power of attorney, trust, probate application, estate administration or estate dispute.