Estate, Trust, and Capacity Litigation

Our Estate, Trust, and Capacity Litigation Lawyers offer confidential advice and guidance to clients during some of the most important decisions of their lives. They understand the weight you are carrying and are committed to advocating for you when you need it most.

We are the local leader in providing estate, trust and capacity litigation advice. Our team regularly works with estate trustees, executors, beneficiaries, family members, trust companies, attorneys for property and personal care and guardians, in Kingston and throughout Ontario.

Areas of Estate, Trust, and Capacity Litigation

Wills, Estate and Inheritance Disputes

Our Estate, Trust, and Capacity Litigation team will work with you to identify the legal issues and your needs, to make the complex understandable and to employ creative approaches and custom solutions that address the unique elements of your situation.


A trustee has the important responsibility of carrying out the terms of a trust. We routinely advise both institutional and individual trustees in estate cases and many other matters involving all kinds of trust agreements.


We regularly support personal representatives, trustees, attorneys and guardians of property in matters of accountability.

Mental Incompetency

Navigating the care and management of vulnerable or mentally incapacitated family members through the use of Powers of Attorney, Trusts and Guardianships.

Family Law Act (FLA) Elections

Working closely with the firm’s Family Law group, our Estate, Trust, and Capacity Litigation lawyers will ensure that you are provided with the most comprehensive and beneficial legal advice available.

Elder Abuse

Our Estate, Trust, and Capacity Litigation group has experience in this expanding area of law and can provide timely advice and can undertake strategically effective courses of action to protect the vulnerable person.

Breach of Trust or Fiduciary Duty

Our Estate, Trust, and Capacity Litigation Group has extensive experience in resolving issues arising over civil breach of trust. 

Dependant Support Claims

The lawyers in our estate litigation group are skilled and experienced in preparing dependant support claims or responding to them.  

Meet Our Estate, Trust, and Capacity Litigation

Our Estate, Trust, and Capacity Litigation Law team offers a wide range of legal services to help support individuals going through some very difficult processes.  

Estate, Trust, and Capacity Litigation Lawyers

Paul Fleming


Paul is currently on leave. Please contact Terri Garrett at with any questions. 

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Desiree Smith


Desiree Smith is an Associate in our General Litigation group. Before joining Cunningham Swan,

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Claire Kadwell


Claire practices in our Estate Litigation group where she assists clients faced with problems

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Estate, Trust, and Capacity Litigation Support Staff

Terri Garrett

ext. 8058

For assistance with your estate litigation enquiry, please contact Terri Garrett by email or 613.544.0211, ext. 8058.

What Our Clients Are Saying

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