Desiree Smith is an Associate in our Litigation (Estate & Capacity) and Wills & Estates groups. Before joining Cunningham Swan, she began her legal career at a local boutique estate litigation firm and co-taught the estate litigation course at Queen’s University Faculty of Law.
Today, she guides clients responsible for administering estates, advises attorneys managing assets under a Continuing Power of Attorney for Property (or Guardianship Order), and advocates for those facing legal challenges related to the death, diminished capacity, or vulnerability of loved one. Her clients may be attorneys (acting under a power of attorney), guardians, estate trustees (executors), trustees, solicitors, trust companies, beneficiaries, heirs or individuals concerned about the welfare of a vulnerable person.
Since joining the firm in 2016, Desiree has guided clients through matters involving:
- will challenges
- will interpretations
- guardianship applications
- passing of estate trustee, trustee and attorney accounts
- dependent support applications
- unjust enrichment claims
- removal and replacement of trustees
- insolvent estates
- disputes involving the exercise of a Power of Attorney
- variation of trusts, and
- estate administrations
Having grown up in the Kingston area, Desiree enjoys practicing law in this community. She is a member of the Frontenac Law Association and is and is an active member of the Estate Planning Council of Eastern Ontario.
On the weekends, Desiree may be found playing soccer, paddle boarding on a nearby lake, gardening, or exploring the area with her spouse and two children.