Estate Litigation

Members of our Estate Litigation Group are trusted advisors and highly regarded advocates in complex estate, trust and capacity disputes. Drawing on decades of experience, our team successfully guides private and institutional clients through emotionally charged and high-stakes matters involving wills, trusts, powers of attorney and fiduciary obligations.

Estate and trust litigation is often deeply personal. Disputes can arise from the administration of an estate and/or trust, the interpretation of a will or the conduct of an attorney, and these matters can impact both financial interests and family relationships. Our team is known for its ability to manage these challenges with clarity, creativity and compassion.

We represent a wide range of clients, including individuals, families, trust companies, financial institutions and public bodies, and have acted in some of the most high-profile estate, trust and mental capacity litigation matters across Canada. Our group and members of our team are highly recommended as leaders in estate and trust litigation, with recognition from Chambers High Net Worth (Band 1 – Private Wealth Disputes), The Canadian Legal Lexpert Directory, The Best Lawyers in Canada, and the Ontario Bar Association's Award of Excellence in Trusts and Estates. Our lawyers are at the forefront of emerging trends and continuing education, holding various executive committee and leadership positions within the Society of Trust and Estate Practitioners (STEP), including STEP’s Mental Capacity Global SIG Steering Committee, and the Ontario Bar Association sections (Elder Law and Trust & Estates Law).

Our team acts in proceedings involving will challenges, dependent support claims, contested passings of accounts, power of attorney disputes, breach of trust claims, guardianship applications and estate administration issues. We also advise on variations and rectifications of wills and trusts, fiduciary negligence claims and matters involving charitable bequests. Our work includes both advocacy and alternative dispute resolution, and we are often retained as neutral mediators in estates and capacity disputes. We frequently appear before the Ontario Superior Court of Justice (including the Estates List and the Commercial List) and the Court of Appeal.

Our estate litigators work seamlessly with colleagues across the firm in trusts and estates, tax and private wealth law to deliver strategic, well-rounded advice.

Our core services include:

• Will & Trust Challenges: Acting in disputes involving the validity of wills and trusts, including allegations of undue influence, lack of capacity or improper execution.
• Dependent Support & Family Law Claims: Advising on claims under the Succession Law Reform Act and Family Law Act, including spousal and child support claims against estates.
• Passing of Accounts: Representing fiduciaries and beneficiaries in contested applications to pass accounts of executors, trustees, attorneys and guardians.
• Power of Attorney & Mental Capacity Disputes: Advising on disputes involving capacity assessments, misuse of powers of attorney, guardianship applications and allegations of elder abuse.
• Breach of Trust & Fiduciary Litigation: Pursuing and defending claims involving misconduct or mismanagement by trustees, executors or attorneys.
• Variations & Rectification of Wills and Trusts: Seeking court approval for changes to estate planning documents, including drafting errors, omissions or unintended consequences.
• Estate & Trust Administration Litigation: Advising on disputes arising in the administration of estates and trusts, including contested distributions, creditor claims and executor compensation.
• Professional Negligence Claims: Acting for parties in negligence claims involving estate and trust professionals, including solicitors and accountants.
• Judicial Advice & Directions: Representing fiduciaries in applications for court directions or relief from uncertainty in the administration of estates or trusts.
• Alternative Dispute Resolution & Mediation: Offering mediation services in estate, trust and capacity disputes, and representing clients in mediation, arbitration and collaborative proceedings.
• Cross-Border and International Estate Disputes: Advising on complex jurisdictional issues and coordinating with foreign counsel and tax advisors to resolve disputes involving global assets and multiple legal systems.

Our commitment to excellence and comprehensive expertise ensures that clients facing complex estate and trust disputes receive clear guidance, strategic advocacy and compassionate support. The Aird & Berlis Estate Litigation Group is dedicated to resolving matters efficiently while safeguarding our clients’ financial interests, reputations and long-term objectives.