Estate Administration
Dependable Legal Counsel for Managing Estates
Estate administration in Ontario is a multifaceted legal process overseen by the appointed executor or administrator. Compliance with the legal requirements outlined in legislation such as the Estates Administration Act is paramount. Daniel Walker has guided numerous executors through various estate administration scenarios, ensuring adherence to legal obligations. Even seemingly straightforward estates can expose executors to potential litigation challenges.
Probate serves as a pivotal step in estate administration, verifying the validity of the will and the authority of the appointed executors or trustees. Its timely completion is crucial, as delays can impede the distribution of estate assets. Additionally, probate offers protection to executors or trustees from personal liability. However, attempts to avoid probate fees, known as estate administration tax, are not uncommon. Strategies like making adult children joint tenants on bank accounts or properties aim to circumvent these fees. It’s advisable to seek guidance from a probate lawyer when navigating probate-related matters.
The landmark case of Pecore v. Pecore, 2007 SCC 17 established a presumption that joint accounts between parents and adult children are held in trust for the estate beneficiaries, unless evidence proves otherwise. This underscores the importance of careful estate planning and legal counsel to avoid disputes.
Estate administration and planning demand expertise from experienced estate lawyers like Daniel Wlaker, who regularly deals with estate litigation, administration, and mediation. Errors during estate administration can escalate into litigation, emphasizing the need for diligent legal guidance.
In the event of an estate administration dispute in Toronto, consulting a Toronto estate litigation lawyer is advisable, as mediation is mandatory for estate disputes in certain parts of Ontario. Estate litigation lawyers at Bobila Walker Law possess the knowledge and skills to navigate complex estate law issues and safeguard your rights effectively.
The management of estates and trusts entails navigating a multitude of legal and financial intricacies. Should you encounter obstacles in the administration of an estate post a demise or in managing a trust, our assistance is readily available.
Our team of attorneys has substantial expertise in the administration of high-value and intricate estates, trust administration, and fiduciary accounting. To facilitate your obligations, we offer guidance on various aspects, including:
- Overseeing the administration of high-value or complex trusts or estates.
- Managing the investment and distribution of trust funds.
- Facilitating the transfer of trusts to other jurisdictions or countries.
- Facilitating the settlement of debts leading up to the distribution of assets to beneficiaries.
- Handling the finalization of trusts or estates.
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our Team
DANIEL
WALKER
MANAGING PARTNER
Daniel Walker is the Managing Partner of Bobila Walker Law and a seasoned litigator whose practice focuses on complex estate, civil, and family disputes. With a reputation for navigating high-stakes matters involving fiduciary breaches, multi-jurisdictional assets, and intricate legal frameworks, Daniel combines legal precision with strategic insight across several intersecting practice areas.
Estate, Trusts & Fiduciary Litigation
Daniel’s principal area of expertise lies in wills, trusts, and estate litigation. He has extensive experience litigating matters involving:
- Contested will challenges
- Breaches of fiduciary duty and trust
- Power of attorney disputes
- Guardianship and capacity litigation
- Dependant’s relief claims under the Succession Law Reform Act
- Complex intestacies
- Trust rectification and variation applications
He also routinely acts as an estate trustee or executor on behalf of domestic and international clients and serves as Power of Attorney for Property and Personal Care.
Passing of Accounts (Contentious & Non-Contentious)
Daniel advises beneficiaries and fiduciaries on passing of accounts applications, with a focus on tracing assets, scrutinizing expenditures, and litigating claims of misappropriation or negligent administration.
Complex Family Law & Cross-Border Litigation
Daniel brings unique expertise to family law disputes:
- High-value family litigation involving international property, hidden assets, and jurisdictional disputes between Canada and Europe.
- Advises clients through every phase of separation, divorce and related disputes.
- Handles contested and collaborative matters alike, including division of family property (from personal assets to complex business interests), child-custody and support issues under the Federal Child Support Guidelines, and spousal maintenance.
- Enforcement of prenuptial, postnuptial and cohabitation agreements, represents clients in mediations, arbitrations and trials, and manages post-judgment enforcement or variation applications to ensure court orders remain fair as circumstances change.
German-Speaking Legal Services
Fluent in German, Daniel frequently advises clients on civil litigation, probate, and estate matters with ties to German-speaking jurisdictions. He also speaks Serbian, Croatian, and Bosnian, and is equipped to manage cross-border mandates involving multiple legal systems.
Professional Background
Prior to entering private practice, Daniel served as a Senior Policy Advisor at the Department of Foreign Affairs and International Trade (DFAIT) in Ottawa. During law school, he worked with:
- The in-house legal team at Rogers Communications
- The Office of the Privacy Commissioner of Canada
Daniel regularly appears before the Ontario Superior Court of Justice, including the Estates List and Commercial List.
Guardianship and Power of Attorney Disputes
Daniel Walker is a trusted Ontario litigator whose practice is devoted to adult guardianship and capacity law. Drawing on extensive courtroom experience and a deep understanding of the Substitute Decisions Act, he guides families and individuals through the complexities of contested guardianship applications with clarity, compassion and precision. Whether an urgent interim order is required to secure a vulnerable adult’s property or comprehensive preparations must be made for a full hearing, Daniel navigates every procedural step and ensures his clients know what to expect at each stage.
Estates Administration
Drawing on deep expertise in the Estates Administration Act and the Estates Act, he oversees probate applications, ensures timely compliance with statutory obligations and protects fiduciaries from personal liability. Recognizing that even straightforward estates can give rise to contested issues—whether challenges to joint-account strategies, claims under Pecore v. Pecore or disputes over executor conduct—Daniel provides proactive counsel to prevent costly delays and litigation.
Beyond routine administration, Daniel advises on the management of high-value and complex estates and trusts, including investment oversight, cross-border transfers and the settlement of debts prior to distribution. He drafts and negotiates mediation agreements in mandatory estate-dispute mediations, handles fiduciary accounting and, where necessary, advocates for clients in contested proceedings. With a focus on preserving estate value and safeguarding trustee and executor interests, Daniel delivers dependable legal counsel tailored to each client’s unique situation.
Civil and Commercial Litigation
Daniel Walker is a seasoned civil and commercial litigator who advocates for individuals, corporations and partnerships in complex business disputes. Drawing on a thorough command of Ontario’s Rules of Civil Procedure and decades of courtroom experience, he guides clients through high-stakes shareholder oppression and partnership breakdown claims, negotiates and litigates breaches of contract and other commercial obligations, and resolves contentious real-estate and property-ownership disputes. Whether you face allegations of defamation that threaten your reputation or professional-negligence claims that endanger your practice, Daniel marshals tailored strategies—combining vigorous trial advocacy with pragmatic settlement negotiations—to protect your interests and achieve commercially sensible outcomes. From case inception through appeal, he manages every procedural step, coordinates expert evidence, and provides clear advice so that you always understand your options and the likely path forward.
Elder Abuse & Elder Law
With extensive experience under the Substitute Decisions Act and related legislation, Daniel Walker combines proactive planning—drafting carefully tailored powers of attorney and guardianship applications—with decisive legal action to secure urgent relief where seniors’ safety or assets are at risk.
Whether you’re concerned about unexplained injuries, unauthorized financial transactions or signs of neglect in a care facility, Daniel provides clear, compassionate guidance every step of the way, coordinating with medical and financial experts to investigate allegations, freeze suspect transactions and restore decision-making authority to the vulnerable adult. His priority is ensuring that every client and family he serves obtains prompt, practical protection and peace of mind.
Whistleblower Protection & Crisis Management
Daniel provides legal support to whistleblowers, professionals, and institutions navigating:
- Professional discipline proceedings
- Matters of national security and confidentiality
- Public sector accountability under the Freedom of Information and Protection of Privacy Act (FIPPA)
- International immunity and state actor litigation
With deep experience handling workplace-related and service-related human rights disputes, Daniel guides clients through every stage of the process: from initial fact-gathering and document preparation to mediation, Tribunal hearings and, if necessary, appeals. He pursues remedies ranging from financial compensation and reinstatement to public-interest orders requiring systemic policy changes. By blending pragmatic risk management with rigorous advocacy, Daniel ensures that his clients remain compliant with Canada’s shifting human rights landscape and that those who suffer discrimination obtain prompt, effective redress.
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