Breach of Fiduciary Duty

breach of fiduciary duty

A breach of fiduciary duty can occur in a number of ways, such as:
• Mismanaging, misappropriating or concealing assets within the estate
• Negligence when it comes to accurate or timely reporting to interested parties, including the court
• Abuse of executor compensation
• Not honouring the contents of a power of attorney, will or trust
• Failing to respond to requests or to help mediate disputes such as attacks on a will

When a trustee, executor, lawyer or other type of representative in charge of carrying out the contents of estate planning documents fails to act in the best interest of the estate, this is known as breach of fiduciary duty. This type of cause of action can be brought as part of an estate litigation case and it requires careful analysis of all the facts and circumstances.

At Steinmans Trial Lawyers, we are here to help you handle this difficult and often sensitive issue head-on, whether you are facing allegations of breach of fiduciary duty or you are an interested party, such as a beneficiary, and want to raise this claim because you believe misconduct is occurring. With over two decades of court experience, including complex estate litigation, our firm has built a solid reputation for helping take appropriate corrective action through not only cost-effective means but an eye toward preserving family relationships by devising creative solutions.

An accusation of a dishonest trustee or dishonest executor can easily cause more tension and upset a family already in mourning. During this sensitive time, a breach of trust can cause further fracture amongst family members and our estate theft lawyers swiftly address the situation when called upon.

Our Vancouver breach of fiduciary duty solicitors are ready to step in and assess how to immediately protect the estate, including whether to remove or fire a negligent or reckless trustee or executor should be part of the plan we help you carry out. Whether you need to compel performance, have the court sanction the guilty party or help someone execute their duties appropriately, we have the knowledge and skill to help you manage the situation successfully.

We can also help you challenge executor compensation when an executor or trustee has failed to adequately perform his or her duties or you are a representative to an estate and need solid defence representation regarding how you have handled your duties.

We also handle breach of fiduciary claims in other legal arenas, including in disputes and civil litigation that arises between partners, directors, officers or shareholders. Our well-rounded office understands how the impact of this type of claim can affect you and we take decisive action to protect your business, reputation and profitability.

Call Steinmans Trial Lawyers at 604.692.2525 or contact us online today to schedule a consultation with a Vancouver estate litigation lawyer committed to protecting your interests and pursuing the best solution to your legal matter.

Testimonials

It has been my experience that Neal Steinman conducts his practice, and himself, in accordance with the highest ethical standards and consistently exhibits sound judgment. He has the ability to effectively analyze complex legal issues, resulting in the provision of practical advice to efficiently resolve matters.
-Senior Counsel in Litigation
Neal's all-round excellent legal abilities are coupled with a rare and genuine concern and interest in the well-being of his clients, not only the outcome of their legal issues. His highly competent approach to files frequently employs his unique inventiveness to achieve his clients’ objectives.
-Counsel in Commercial Litigation
Neal has always proven excellent and wise counsel in a range of situations.
-Counsel in Commercial Litigation
Neal treats each client with respect and provides legal services that are designed to meet the client's unique needs. I have referred Neal to my clients and have received very positive feedback. Neal is an excellent lawyer and I recommend his services.
-Senior Attorney in Commercial Litigation
Neal's personal attention to cases and practical advice have served his clients well for over 25 years. He is an excellent litigator and one of the best negotiators in the British Columbia bar, and has represented clients in the insurance industry ranging from large, self-insured corporations to traditional insurance companies.
-Attorney in Commercial Defense
Neal S. Steinman is one of the most knowledgeable, experienced, professional and skilled civil litigators, or barristers, I have ever known. After twenty (20) or so years of practice and having started over 100+ civil Trials, mostly Jury matters, one gets to recognize and respect real talent. Neal S. Steinman has a litigation skill set, both inside the court room and in the board room of a mediation, discovery, or pre-trial, second to very few. I would highly recommend retaining Neal S. Steinman
-Senior Partner in Civil Litigation
In my dealings with Neal Steinman, I am consistently impressed with his analytical ability, his judgment, and his integrity. He is tactful and strategic, but never afraid to stand up for what's right. This is a lawyer I would want in my corner.
-Counsel in Litigation
I have known Neal Steinman for over 30 years. He is a creative, entrepreneurial smart and practical lawyer whose communications skills are top-notch.
-Partner in Civil Litigation
I am a tax partner and managing partner of my own tax boutique firm. I do not do any civil litigation work. I have referred a number of client matters to Neal Steinman over the years. He is an excellent lawyer and always obtained good results for my clients.
-Attorney in Civil Litigation
Neal is an exceptional trial lawyer with good instincts for litigating and settling cases. He is one of the best prepared, most articulate, and practical counsel you can find, having honed his skills at the highest levels of practice at every level of court in British Columbia.
-Attorney in Commercial Litigation
Neal brings a strong combination of experience, ethics, and energy to his practice. He is practical, problem-solving lawyer who is also unafraid to step into the courtroom when needed.
-Counsel in Civil litigation
Neal is a very capable and skilled lawyer who thinks well on his feet and in the crunch of the moment in argument before the Bench. He is personable polite respectful of peers and well prepared. He finds practical and direct solutions to varied litigation problems. He is a capable navigator of the Court process and is very experienced, especially in defending commercial, estate litigation and motor vehicle accident claims. He works cooperatively with other team lawyers when it is required.
-Senior Counsel in Commercial Litigation

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