Estate Litigation


When Wendy becomes involved in estate litigation and incapacity cases, she searches for the least intrusive, most dignified path to bring balance back into a grieving family’s life.

Wendy recognizes that you are meeting her because you are travelling through a difficult period in life and are choosing legal support to restore fairness to an otherwise private situation. If court can be avoided altogether, Wendy will discuss this option with you in the first consultation meeting.

In all meetings, Wendy will discuss the ‘cost’ of litigation – including financial, emotional, and time – and also how the litigation will affect future generations in your family.

The are most common type of court proceedings in estate litigation include:

  • will challenges
  • will interpretations
  • heirship applications
  • lost assets
  • lost wills
  • dependant support applications
  • guardianship applications
  • Family Law Act equalization elections
  • winding up and variation of trusts
  • breach of trust
  • removal of trustees
  • passings of accounts and accountings
  • compensation for caregiving
  • challenges to designated beneficiaries​
  • international conflicts of law
  • unjust enrichment claims / proprietary estoppel 
  • predatory marriages / caregiver marriages

Estate litigation generally takes place in the jurisdiction where the deceased died. In cases of international estates where the deceased held assets in several jurisdictions, the litigation may also be commenced in the country where the asset is located.