Wills & Estates

Estate Planning

The lawyers at the Rose Law Firm will help create wills, trusts, powers of attorney, and related estate planning documents, as well as provide the necessary advice to help you transfer wealth in an effective and tax-efficient manner.

We never forget, however, that these are also intensely personal issues.  You can rely on our extensive knowledge and experience to guide you through some of the hardest decisions you will ever make in life, including:

• Making wills, trusts and will substitutes
• Making powers of attorney for both property and personal care, including “living wills”
• Making and Planning the use of spousal trust
• Plans to avoid or reduce probate taxes
• Plans for recreational properties including cottages
• Planning for beneficiaries with disabilities
• Estate freezes to pass future growth of your family business to future generations
• Tax planning- to minimize income taxes

Estate Administration

Our team of experienced solicitors routinely advises in the administration of trusts and estates, and in charitable matters.

We have extremely capable and experienced staff to assist in the administration of estates. Our thorough understanding of the law and procedures in this area frequently allows us to help you avoid acrimonious and expensive litigation. We can assist with all areas of estate administration including:

• Obtaining court approval for the appointment of estate trustees with or without a will
• Passing of accounts for trustees and attorneys for property
• Executor or trustee compensation
• The replacement, retirement or removal of executors and trustees appointed under a will or trust deed
• The interpretation of wills and trusts
• Variation of trusts
• Guardianship applications, for property and the person
• Tax planning for estates, including disclaimers, renunciations and surrenders
• Administration of charitable trusts and corporations

Estate Litigation

Sometimes a death in the family leads to disputes that need court assistance to resolve. Working with our Litigation Group, we assist executors, beneficiaries, family members and charities who have contentious matters in the following proceedings:

• Challenges to the validity of a will
• Interpretation of wills and trusts
• Passing of accounts where the accounts are challenged
• Removal of Estate Trustees
• Abuses of powers of attorney
• Dependants’ support claims
• Guardianship and capacity disputes
• Equitable claims, including mutual wills, quantum meruit, proprietary and promissory estoppel, and unjust enrichment

You need a lawyer who is up-to-date in this changing area of the law.

Our lawyers are active in the Eastern Ontario Estate Planning Council, the Society of Trust and Estate Practitioners, the Ontario Bar Association’s Trusts and Estates Law Executive, and the Frontenac Law Association Trusts and Estates Section.