Norton Rose Fulbright Canada LLP
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Kimberly Kuntz represents executors, trustees and beneficiaries in a variety of estate- and trust-related disputes, including wills validity and wills variation claims. She also assists clients in disputes involving interpreting wills and trust instruments, matters involving suspected undue influence or incapacity of testators and settlors of trusts, applications for committeeship of incapacitated adults, and contested disputes involving trust and estate accounts. In her growing elder law practice, Ms. Kuntz litigates cases involving suspected abuse and neglect of elderly adults or persons with diminished capacity, and cases involving suspected misappropriation of funds.
She also acts as counsel on cases involving product liability, negligence actions, complex jurisdictional and cross-border disputes. Ms. Kuntz has been interviewed for a number of publications regarding her role as lead counsel on various high-profile Court of Appeal and Supreme Court of Canada cases. Ms. Kuntz is a frequent speaker and presenter at conferences and seminars dealing with estates and trusts litigation and the discovery obligations of litigants.
- British Columbia 2000
Ms. Kuntz has acted in the following matters:
- Facilitated the recovery of misappropriated assets from a person who misused a power of attorney granted by an elderly relative
- Successfully defended a beneficiary of an estate accused of undue influence against the testator, and obtained indemnification for the client’s legal fees
- Assisted with recovering property fraudulently transferred from an estate, and successfully defended the estate against claims that it was responsible for paying back a mortgage registered by the fraudsters
- Negotiated a number of contentious Wills Variation Act settlements on behalf of both children and spousal claimants
- Acted for charities and other beneficiaries in cases involving allegedly fraudulent wills and actions to determine the validity of testamentary instruments
- Acted in a number of cases involving common law spousal claims asserted after the death of the testator
- Appeared at a number of hearings on behalf of clients with concerns about estate and trust accounting, and executor and trustee compensation
- Applied to court on many occasions to correct mistakes made in wills
- Canadian Legal Lexpert Directory, 2021: recommended in Estate & Personal Tax Planning; 2016-2020, 2022: recommended in Estate & Personal Tax Planning - Estate Litigation
- Best Lawyers in Canada: Trusts and Estates, 2015-2023
- "Bequest Management for Charities in Canada" (contributor), 2nd ed. M. Jasmine Sweatman, 2017.
- "WESA Section 58: Key Factors," Trial Lawyers Association of BC Session on "Essentials in Estate Litigation," April 2017.
- "The Latest News on WESA Section 58," CLE Estate Planning Express, April 2017.
- “Beneficiary Actions on Behalf of an Estate – WESA s. 151,” CLE Estate Litigation Update, October 2016.
- “Wills Variation Claims and Related Issues,” CLE – Estate Litigation Basics, February 2016.
- “Weird and Wonderful New Stories of Estate Litigation,” Pacific Business & Law Institute – Administration of Probate, January 2015.
- “Blended Families, Messier Estates,” Pacific Business and Law Institute – Most Litigated Estate Issues: Proactive and Reactive Solutions, September 2015.
- "Costs: How and Why Costs Escalate," CLE Electronic Discovery Conference, February 7, 2013.
- "The Multi-Faceted Estate Planning Tool," CLE - Trusts, October 19, 2012.
- "Dealing with the Problem Executor," Continuing Legal Education - Estate Litigation, October 2010.
- "Devoted Agent Wins Award From Estate" (interview), The Lawyer's Weekly, April 9, 2010.
- Canadian Bar Association
- Canadian Bar Association - Civil Litigation Section, Wills and Estates Section, Charities and Not-For-Profit Section, B.C. Branch
- Law Society of British Columbia
- Sedona Canada Working Group Addressing Electronic Evidence and Production in Canada