Breach of Fiduciary Duty


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 almost 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.

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

 

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.