- Will challenges
- Executor and trustee appointment challenges
- Dependant's relief applications
- Power of attorney and guardianship challenges
- Executor and trustee passing of account disputes
While a key goal of botsfordLAW is to help people plan to avoid problems, we recognize that things can and do go wrong. When this happens, we can assist executors, trustees, as well as attorneys for property and care to resolve disputes. We also assist beneficiaries and others who believe they may have a claim against an estate, the executor, or a trustee, guardian or attorney for property/care.
Litigation is expensive and brutal, especially with estate law matters which can involve years of built up emotion. Also, litigation takes a rights-based approach to dispute resolution. This can lead to a process and results that do not fulfill the expectations of the people involved. Therefore, our approach is to employ interest-based negotiation techniques. In other words, the focus is on what the people involved want to achieve to get to a resolution. This is the method employed in the collaborative law process and can generally save time and expense.
Where negotiation alone is not enough, mediation and arbitration are alternative dispute resolution options that can be very effective as well as less stressful and expensive than full litigation. Even with various forms of alternative dispute resolution, there might still be issues that must be submitted to court either because the parties do not agree, a limitation period needs to be addressed, or simply to get an order that incorporates what has been agreed.
Litigation is the final frontier of dispute resolution. It is often very lengthy which can be emotionally exhausting. In terms of costs, even if successful, there will not be full recovery from the estate or the other parties. If unsuccessful, you can expect to pay your costs and those of the other party(s). Before proceeding down this path, it is important to evaluate what you want to accomplish and the best way to get there. Sometimes, litigation is the only option but not always and most cases settle which means opportunities for settlement should be explored as early as possible to avoid wasting money on lawyers.