Wills & Estates

Estate Litigation

All of the Summerside lawyers at McLellan, Brennan have been involved with estate litigation matters. There is a lot of legislation and case law that requires certain things to be done both before the death of an individual and after, in relation to:

  • The preservation and protection of their assets
  • The providing of support and care for the remaining dependents
  • In determining the rights of the people affected

Our attorneys are prepared to act in the best interests of an affected client, and we will ensure that all of these matters are dealt with in a professional and appropriate fashion, including proceeding to the Supreme Court of Prince Edward Island to have your rights determined or upheld as the case may be. We at McLellan, Brennan are there to advise you and represent your best interests whether you need a will probated, a will interpreted, direction from the Court, a will challenged based on incapacity of the maker or based on duress, or for any other reason.

Wills and Estates

Each of the lawyers at McLellan, Brennan currently has estates practice. We will meet with a client and analyze their family and financial situation and provide advice to assist in the following:

  • Assisting client to structure the estate to reduce probate taxes
  • Advising clients who are getting married regarding marriage contracts as part of their estate planning
  • Litigating estate disputes
  • Creating wills and other estate planning tools
  • Wills
  • Powers of attorney
  • Medical directive and living wills
  • Establish and administer trusts
  • Estate litigation

Furthermore, we are finding that the area of estate litigation is increasing. We have many clients who object to the way that an estate or trust, to which they are a beneficiary of, is being administered. Our trust lawyers are able to represent those clients through the litigation process either by negotiation, mediation, alternative dispute resolution, or ultimately before the courts. In appropriate cases, we have sought to uphold or challenge the terms of a will. Any will that can be proven to be made by a person under duress or who has diminished capacity can be subject to challenge.