Summary

When there are disagreements about estate or trust issues, simple matters can quickly become complicated and difficult to resolve. BLG’s Estates and Trust Litigation Group will work closely with you to ensure that your interests are best represented and the best possible outcomes are achieved. We regularly represent individuals, corporations and trust companies in disputes ranging from single issues to the most complex matters.

The Estates and Trust Litigation Group is committed to achieving the most successful and cost-effective solution for you. At the outset, we work to gain a complete understanding of your situation. We can represent you to help obtain the necessary court determinations or consensual resolutions. As a full-service firm, we are able to give you access to experts in all areas of the law, including tax and wealth management. Our areas of expertise include:

  • Will challenges and power of attorney disputes
  • Mediations and arbitrations
  • Estate administrations (during litigation or otherwise)
  • Contested passing of accounts
  • Removals and substitutions of trustees
  • Determination of trustee or beneficiary status and rights

The Estates and Trust Litigation Group has experience representing individuals, corporations and trust companies with claims involving estate, trust and/or capacity issues. Members of the group have represented beneficiaries, individuals as trustee, trust companies as trustee, substitute-deciders, charities and foundations, bonding or surety companies and other financial institutions.

Publications

Rankings & Recognitions

The Estates and Trust Litigation Group or its members are recognized:

  • In the 2017 edition of The Best Lawyers in Canada®.
  • In the 2017 edition of the Canadian Legal Lexpert® Directory.

Representative Work

  • Obtained rectification of a $22-million testamentary trust, preserving the benefits thereunder and ensuring that $17 million in gifts, that otherwise would have failed, did not fall into residue: Re Estate of Kaptyn (August, 2011) Court File No. 03-003/08 (OSCJ)
  • Obtained an award of dependant’s relief that increased the benefit to be received by an adult with a serious deteriorative illness, and in which the SCC’s decision in Tataryn was first applied in Ontario: Cummings v. Cummings (2003), 5 E.T.R. (3d) 81 (SCJ); 69 O.R, (3d) 398 (C.A.)
  • Successfully represented a client in a multi-jurisdictional dispute involving adult guardianship laws to protect his mother’s financial interests and provide for her healthcare needs: Wayne v. Wayne (September 2010), B.C. Supreme Court, Vancouver Registry S098200; Re Wayne, 2012 ABQB 763
  • Successfully defended our client’s estate plan against all claims made by a disinherited son in a case that has become the template for designing and implementing an estate plan that protects against claims under BC’s Wills Variation Act: Mordo v. Nitting, 2006 BCSC 1761
  • Successfully defended a claim for a full accounting for a 60+ year trust: Webster-Tweel v. Royal Trust Corporation of Canada 2010 ABQB 139
  • Successfully argued for summary judgment in an action to set the process for formal proof of a will thereby setting a precedent to stop an action for formal proof before it could begin: Keller v. Luzzi Estate 2010 ABCA 127
  • Successfully had a co-trustee and co-executor removed on several grounds of misconduct including breach of fiduciary duty. Costs were apportioned to the co-trustee and co-executor personally on a solicitor-client basis: McDonald Estate, 2012 ABQB 704