Estates, Successions and Trusts

Successions are often very difficult for everyone involved. Emotions run high, people have differing opinions and wills can be quite complex. It is necessary to treat successions with dignity, empathy and respect.

We believe that while it is extremely important to understand the law, it is just as important to understand the personalities and objectives of each of the people involved. We use our understanding of all the parties involved to help our clients achieve their desired result in the most direct and efficient way possible.

Our office has had substantial experience in the following areas:

  • • Managing Estates and Trusts
    • Planning Estates and Trusts
    • Drafting wills
    • Representing Executors/Liquidators
    • Representing Estates
    • Representing Trusts
    • Representing Trustees
    • Representing beneficiaries


Our experience has enabled us to understand the goals and potential challenges associated with each position. We listen to our clients in order to find out what exactly they want and craft our strategy based on those goals. We help our clients strengthen their position and avoid the difficulties that their position can create, wherever possible. While Orenstein & Associates has a long track record of successfully advising and representing testators, beneficiaries, and Executors, we do not represent parties who have conflicting interests.


How We Help Testators:

We help testators draft their wills and plan how their Estates will be managed. We help them ensure that to the extent possible:

  • • Their assets will be protected
    • Their beneficiaries will be provided for
    • Litigation will be avoided


Accordingly, we work with the relevant tax planning and wealth management professionals in order to help testators avoid taxation pitfalls and develop a strategy to protect assets. We tailor the strategies in the will to our clients’ needs. We help our clients safeguard and manage their legacy so their minds can be put at ease.


How We Help Beneficiaries:

We help beneficiaries ensure that:

  • • They receive all that they are entitled to
    • They are treated fairly
    • All of their rights are respected


When necessary, we intervene and/or take action against Executors who are not behaving responsibly.


How We Help Executors/Liquidators/Trustees and Estates/Trusts:

We help Executors/Liquidators/Trustees, regardless as to whether they are also beneficiaries, by:

  • • Preventing litigation
    • Ensuring that their decisions are respected
    • Ensuring that they are able to run the Estate or Trust smoothly and efficiently


We provide Executors and Trustees with advice on how to avoid litigation or personal exposure. When necessary, we defend Executors and Trustees against any claims by beneficiaries and will contestations.

At Orenstein & Associates we believe in working efficiently and reducing costs wherever possible. Accordingly, we advise clients to consider ADR before litigation. ADR is often a more efficient and effective way of successfully resolving the issue. Additionally, according to the New Code of Civil Procedure, clients must consider alternative dispute resolution (ADR) before proceeding with litigation. If ADR is not possible, we will represent our client in litigation. We do all that is necessary to ensure that our clients’ interests are fully protected and their rights are fully enforced.  Our services include:

  • • Estate Planning
    • Management of Estates and Trusts
    • Advising Testators on Wills
    • Alternate Dispute Resolution (Mediation and Arbitration)
    • Defending Validity of Wills
    • Defending Claims against Estates
    • Defending Claims against Executors
    • Defending Injunctions and Emergency Proceedings
    • Defending Executors’ Administration
    • Defending Executors on Liability Claims
    • Taxation of Executors’ Accounts
    • Enforcing Beneficiaries’ Rights
    • Removal of Executors
    • Contesting Validity of Wills
    • Contesting Taxations of Accounts
    • Pursuing Claims against Negligent Executors
    • Pursuing Claims against Estates
    • Pursuing Injunctions and Emergency Proceedings to Protect Beneficiaries