Whaley Estate Litigation


Whaley Estate Litigation, a Toronto based law firm, offers clients expertise in the Estate Litigation context. Our firm aims to ease the stress of litigation for clients as they navigate emotionally difficult waters by providing effective and prompt resolution with the goal of protecting clients' interests.

Mark Handelman, Kimberly A. Whaley, Ameena Sultan

Left to Right: Mark Handelman, Kimberly A. Whaley, Ameena Sultan

We regularly advise Executors, Administrators, Trustees, Attorneys and Guardians on their fiduciary obligations and the expectations of the legislation governing their actions. Our resources include highly skilled Estate and Trust Planners, Estate Administrators, as well as Planning Counsel for the Disabled, Charitable Gifting and Tax. We advise on the prevention and resolution of litigation matters arising out of Estate and Testamentary Planning.

Whaley Estate Litigation focuses on the litigation, mediation and dispute resolution of estate, trust, and capacity matters including but not limited to related issues of undue influence, incapacity, infirmity, depletion of assets, fraud, forgery, and suspicious circumstances concerning testamentary instruments and advises on matters of testamentary incapacity and incapacity to marry, make gifts, manage property and manage personal care.

Whaley Estate Litigation is led by Founding Principal Kimberly A. Whaley. Kimberly was designated as a Certified Specialist in Estates and Trusts Law by the Law Society of Upper Canada in 2006. She has been peer rated annually and listed by The Best Lawyers in Canada in the specialty of Estates and Trusts since 2009. Kimberly was chosen by Lawday Leading Lawyers as one of the top 60 leading lawyers in Estates and Trusts.


Whaley Estate Litigation provides litigation, mediation and dispute resolution services and advice to counsel, and clients in the following practice areas:

  • Will, Estate, Trust Challenges/Interpretations
  • Dependant Support Claims
  • Passing of Estate, Attorney, Guardian and Fiduciary Accounts
  • Capacity Proceedings
  • Guardianships
  • Power of Attorney Disputes
  • Consent and Capacity Board Hearings
  • End of Life Decision Making
  • Treatment Decision Disputes
  • Elder Law
  • Solicitor's Negligence
  • Opinions
  • Agency Services
  • Counsel to Estate Trustee(s) and Estate Trustee(s) During Litigation and other Fiduciaries
  • Court Applications for Advice and Direction
  • Section 3 Counsel Under the Substitute Decisions Act

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