disputed wills & trusts


When there is a death in the family, it is always an extremely difficult time. Emotions come to the fore, and when it comes to the division and management of the Estate Assets, expectations and the differing financial needs of the various dependents and beneficiaries do not always marry up with even the most carefully crafted Estate Plan.

These disputes are highly emotive, deeply personal and have the ability, if left unchecked, to tear families and family businesses apart.

Disputes in these areas need to be handled sensitively, proactively and with expert precision. The more consensus that can be reached between the disputing parties and the quicker that the underlying disputed issues can be identified the more chance that a resolution can be achieved before a break down in relations can destroy the bonds holding the family together.

Our in depth knowledge of this area allows us to get to the roots quickly, and help to find a solution to these thorny issues.

Left unchecked these disputes can tear families apart, deplete Estates of a significant portion of the finances and leave rifts that never heal. Our early instruction can help to avoid these outcomes.

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We have worked with Matthew & Cardium Law on numerous occasions, and have found the service offered to be both responsive and efficient. We always know where we stand quickly when taking Matthews' guidance and advice.

- Maslow Capital

Having worked with Matthew for a number of years, we find that his service and advice is always prompt and to the point. The Cardium model is refreshing, with ease of access to Counsel.

– Seapoint Capital

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Common issues that we see arise are...

  • Issues surrounding capacity (i.e. legal ability to enter into a Will or Trust)

  • Challenges to the validity of a will or trust

  • Challenges to the interpretation of a will or trust

  • Challenges under the Inheritance Act (i.e. persons not being properly provided for)

  • Broken Promises

  • Challenges on the grounds of Duress and Undue Influence

  • Power of Attorney Disputes

  • Removal of Trustees

  • Resolution of disputes between multiple trustees

  • Resolution of disputes arising from the balancing of life and remainder beneficial interests

  • Claim’s against trustees in negligence (e.g. failure to properly invest trust funds)