Lisa Sticht-Maksymec is a Member of the Wills and Estates Practice and Estate Litigation Group.
Lisa’s practice encompasses all aspects of estate planning, estate administration, power of attorney/guardianship administration, estate litigation and applications for guardianship for incapable adults. She appears regularly at the Superior Court of Justice on motions and applications, and represents clients in mandatory and voluntary mediation.
Lisa acts for high net-worth individuals, families, spouses in blended families (i.e. second or third marriage with children from prior relationships), business owners, professionals (including physicians, dentists, accountants, engineers), parents of children with disabilities, children with elderly incapacitated parents, executors, trustees, attorneys for property, attorneys for personal care, guardians and disgruntled beneficiaries.
Lisa provides clients with broad estate planning advice and prepares comprehensive Wills (including single or multiple Wills and international Wills), testamentary trusts of all kinds (including spousal trusts, Henson trusts or qualified disability trusts, lifetime benefit trusts, family trusts, child and grandchild trusts, spendthrift trusts, insurance trusts etc.), inter vivos trusts (including family trusts as part of a corporate re-organization or family trusts used with prescribed rate loan arrangements, alter ego trusts, joint spousal or common-law partner trusts and inheritance trusts), powers of attorney for property, powers of attorney for personal care, living Wills, Wills Agreements and related documents needed to implement comprehensive estate plans which are tailored to each client’s unique needs. Lisa works with successful business owners and entrepreneurs who are looking for efficient ways to transfer their wealth to the next generation. Lisa also works closely with families who have children with disabilities to protect ODSP eligibility.
Lisa regularly advises executors and trustees about their duties and responsibilities and provides them with guidance in the administration of estates and trusts, from applications for certificate of appointment of estate trustee (with or without a Will), to resolving claims against estates, passing accounts and winding up estates. Lisa has experience in administering estates with foreign beneficiaries, and estates with foreign assets. Lisa also provides advice and guidance to beneficiaries who want to better understand their rights and interests. Lisa will assist executors or attorneys for property, in accounting matters and where necessary, in bringing applications for formally pass accounts before the court. Lisa also regularly advises attorneys and guardians about their duties and responsibilities.
Lisa assists individuals and trusts companies in becoming appointed as guardians for property and for personal care, of incapable adults. Lisa provides advice both before and after being appointed by the court. Lisa also assists attorneys and guardians to account to the Public Guardian and Trustee and to obtain judicial discharge. Lisa’s extensive experience has been recognized by the Ontario Public Guardian and Trustee’s Office, as Lisa has been appointed on several matters as section 3 counsel under the Substitute Decisions Act, 1992 to represent persons whose capacity is in issue in legal proceedings.
Lisa’s years of experience with estate administration and estate litigation position her well in identifying practical solutions to client’s estate planning needs and allows Lisa to advise clients about the best ways to plan for the efficient administration of their estates and to avoid costly family disputes at the estate planning stage. Lisa represents clients in a variety of estate litigation matters, including contested passings of account, challenges to the validity of Wills, removal of executors or trustees, dependent relief claims, obtaining orders for assistance and directions from the court, proving lost Wills and contested guardianship applications.
Lisa’s approach explores both legal and practical solutions to matters which are inevitably personal, sensitive and emotional.