Lancaster, Brooks & Welch LLP Information Brochures
The most fundamental principle of estate law is that the executors are trustees: they receive the estate “in trust from the deceased, and administer and then distribute it for the benefits of the beneficiaries” Most of the key features of estates law, and how the courts handle estate issues flow from the fiduciary role of estate trustee/s.
Estate litigation relates to court proceedings involving estates, trusts, and capacity matters. Our estate litigators have extensive experience in will challenges, court applications to resolve questions or conflicts arising during the administration of estates, power of attorney litigation, accounting applications and guardianship matters.
A will or testament is a legal document by which a person, expresses his or her wishes as to how his or her property is to be distributed at death, and names one or more persons to manage the estate until its final distribution. A power of attorney (POA) is a written authorization to represent or act on another's behalf with respect to that person’s assets, debts and medical care when the person is not capable of doing so directly.