Estate Law Services
The Cahill Firm can help you with the following areas of estate litigation:
Dependant Support Claims
When a child, spouse, or other dependant claims financial support from the deceased person.
Capacity Litigation
When a person’s capacity to make medical, financial, or will-related decisions is challenged.
Will Validity
When there are challenges to the validity / interpretation / application of a will or power of attorney, or other claims against the estate of a deceased person.
Passing of Accounts
When an estate trustee needs assistance with the financial / tax reporting requirements of their role.
Will Interpretations
When a will is unclear, the Superior Court of Justice can interpret the will and provide directions.
Power of Attorney Disputes
When there are disputes between multiple attorneys or claims against an attorneys for not doing their duties.
Types of Estate Litigation Support
Lawyer-assisted Negotiation
Negotiation is a process wherein all parties cooperate in good faith discussion to identify issues, propose solutions, and resolve the estate issues without requiring the intervention of the court. Negotiation relies on both parties being reasonable, transparent, and interested in a timely resolution of the disputed issues. Although we do not offer stand-alone will and power of attorney drafting services we do offer this is as a service to existing clients of the firm.
Lawyer-assisted Mediation
Meditation is an out-of-court resolution process that invites early and cost-effective resolution of estate litigation claims. We support our clients through mediation by provided tailored legal advice prior to, during, and at the conclusion of the mediation process. We then assist with finalizing any agreements and/or orders required to give effect to the mediated resolution.
Litigation
Litigation means taking your dispute to Court to have a judge provide a resolution, or alternatively applying to the Court for direction in respect of determining the correct interpretation of a will. Although we strive to reach an agreement without litigation, we are prepared for fearless advocacy from the start of a file to trial and appeal, when necessary. We work shoulder-to-shoulder with proven estate law solicitors to ensure our clients are receiving the most comprehensive advice to make informed litigation decisions.