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 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.