Wills and Estates
The services provided by our Estate Planning Department include the drafting of wills, the establishment of financial trusts, the administration of trusts and estates, the provision of tax planning advice, court applications for the appointment of estate administrators and the creation of powers of attorney.
These varied areas require expertise in the areas of real estate, tax and family law as well as estate law. Our Estate lawyers often serve individuals, families, professional trust companies and banks and private or charitable foundations.
Our Estate Planning Department has developed its own expertise and is also able to draw on the experience of the lawyers in our other departments as issues arise touching on this diverse area.
Estate Litigation
Estate and trust challenges are characterized by complicated and frequently unclear areas of law which often involve parties who are struggling with the emotion of family conflict.
During such difficult times it is important to have experienced ,trustworthy counsel at your side.
Barriston has experienced , respected lawyers who are committed to fulfilling the needs of our clients.
Our estate litigation lawyers maintain a common sense, flexible approach supporting our clients in dealing with complex ,often changing legal issues.
Our firm advises and represents clients in matters of:
- Will challenges
- Will defence
- Dependant support claims
- Interpretation of wills and trusts
- Passing of accounts
- Mediation and Alternative dispute resolution
- Quantum meruit claims
- Unjust enrichment
- Challenges to powers of attorney
- Power of attorney defence
Our clients come from a variety of backgrounds, requiring a variety of legal representation. Our lawyers can provide advice, assist in mediation or aggressively represent our clients in estate litigation.
Wills, Estate Administration & Estate Planning
Every Canadian should have a will. Whether you have children, are married or divorced and whether or not you think you have a small or large estate, a will ensures that, upon your death, the distribution of your assets will be carried out in accordance with your wishes. If you die without a will, your estate will be administered pursuant to certain provincial legislation and your beneficiaries may be subjected to unnecessary costs, delays and even litigation.
It is also important for many people to plan for circumstances where they are no longer able, due to either a mental or physical condition, to take care of their property or to properly attend to their personal care. To assist people facing this situation, powers of attorney may be a valuable tool. There are two types of Powers of Attorney — one for assets and one for personal care. Powers of Attorney are used to allow you to designate someone to act in your stead to deal with your assets or personal care if you are incapacitated or otherwise unable to manage your financial or health care needs.
If you do not already have a will or powers of attorney, the lawyers of our firm are available to discuss your estate planning needs. If you already have an estate plan, it remains important to review this plan from time to time to ensure that legal developments and legislative changes do not adversely impact your expectations. It is also important to review your will to ensure its currency as life circumstances change.