Whaley Estate Litigation

Welcome to 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 resolutions with the goal of preserving clients' interests.

Kim, Ameena, and Amy

Left to Right: Ameena Sultan, Kimberly Whaley, Amy Cull

We regularly advise Executors, Administrators, and Trustees of Estates and Trusts 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 and for Charitable Gifting. We also assist in the prevention and resolution of litigation matters arising out of Estate and Testamentary Planning.

Whaley Estate Litigation focuses on 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 Partner 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 and listed by The Best Lawyers in Canada in the specialty of Estates and Trusts (2009, 2010, 2011). Kimberly was chosen by Lawday Leading Lawyers as one of the top 60 leading lawyers in Estates and Trusts in the year 2009.

SERVICES OFFERED

  • Advising estate trustees, executors/administrator/personal representatives, trustees, beneficiaries and family members regarding estate and trust related issues and disputes
  • Counseling clients concerning their rights and obligations required in an estate or trust administration
  • Dependants Support applications under the Succession Law Reform Act
  • Power of Attorney or Guardianship applications
  • Advising clients in the area of Powers of Attorney and capacity/incapacity disputes
  • Representing clients in the appointment and removal of guardians
  • Assisting clients with matters involving the Office of the Public Guardian and Trustee and the Office of the Children's Lawyer in Ontario
  • Litigation of estate, trust, capacity, power of attorney, fiduciary litigation on behalf of clients
  • Facilitating mediated settlement of disputes