Estate disputes are often approached through litigation; a process defined by winners, losers, and adversarial positions that can strain family relationships. Collaborative law offers an alternative.
Long used in family law, collaborative approaches are increasingly being applied to estate disputes, particularly where ongoing relationships matter.
Through a commitment to good-faith negotiation and cooperative problem-solving, collaborative law can deliver faster, more cost-effective, and private resolutions than court proceedings. It is well suited to matters such as will challenges and dependant support claims, though it is not appropriate in cases involving elder abuse or fiduciary misconduct.
As collaborative law gains traction in estate planning and litigation, it presents an opportunity to move away from conflict toward solutions where all parties can walk away satisfied.
Collaborative law is beginning to shift this narrative. While well established in family law, collaborative approaches are increasingly being applied to estate disputes. As explored by Kim Gale in “Collaborative Law to Resolve Estate Disputes,” collaborative law is a process in which lawyers and clients commit to resolving disputes through cooperation rather than confrontation. Participation and retainer agreements reinforce this commitment by requiring good-faith negotiation and, if necessary, withdrawal of counsel should the process fail.
Collaborative estate planning and dispute resolution offer meaningful advantages: timelier and more cost-effective outcomes than court proceedings, enhanced privacy and confidentiality, and the ability to suspend limitation periods while discussions are ongoing. These benefits are particularly valuable in estate matters, which frequently involve deeply personal and emotional issues.
Presenters:
Sydney Osmar, Partner - Hull and Hull LLP
Sydney is a dedicated advocate for her clients, assisting them to resolve matters involving all aspects of estates, trusts and capacity law, including will challenges, dependant support claims, fiduciary accounting disputes, guardianship applications, and capacity related disputes. Sydney also defends estate lawyers in proceedings involving allegations of solicitors’ negligence.
Prior to joining Hull & Hull LLP, Sydney articled with the Office of the Public Guardian and Trustee. Sydney contributes to the profession through speaking at legal education programs, frequently blogging and podcasting on estate and elder law related issues, and internally, by providing mentorship to students and junior lawyers at the firm. Sydney has also completed the Osgoode Hall Law School Intensive Trial Advocacy Workshop and holds a law degree from Osgoode Hall Law School, where, throughout her tenure at Osgoode, she served as a student caseworker, division leader and board member for the Community and Legal Aid Services Program.
Kimberly Gale - Gale Law
Kim Gale is the founder and Principal Lawyer at Gale Law. A trained mediator with an LL.M. in Dispute Resolution from Osgoode Hall Law School, Kim is committed to resolving conflicts through effective communication and negotiation. Kim launched her blog, Law For Millennials, and founded NCA Network, a non-profit organization committed to promoting diversity and inclusion within the legal profession. Building on the success of these initiatives, Kim went on to establish Gale Law in 2019 and Gale Mediation in 2023.
With a strong focus on estate litigation, Kim handles a wide range of cases, from will challenges to guardianship disputes and contract law matters. Kim has appeared at all court levels and argued successfully before the Superior Court of Justice. In addition to her legal practice, Kim serves as Vice Chair of the OBA’s Elder Law Section, where she advocates for the well-being of seniors and other vulnerable groups.
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Registration $35 - Recording Available - $55 with CE Certificate
No charge for Estate Planning Council of Canada Members
Guests are welcome - this event is for Professional Advisors only.
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