There is an overlap in this area with issues of capacity, and capacity assessments and power of attorney litigation, trust disputes and interpretation. There is a vast amount of case law on point.

This area of practice is growing at an alarming rate. Power of attorney disasters are all too prevalent today. As advisors we are increasing aware of the far reaching consequences of this practice area, the potential minefield of things that can go wrong, as well as ensuring familiarity with the legislation and case law in order to competently advise our clients ‚ this is so whether we are solicitors addressing our clientís concern at first instance or barristers litigating after the fact. The area of fiduciary law evolved from the jurisdiction of the Court of Chancery over trust and confidences in England a great many years ago. It pertains to the fidelity of a person in whom trust or confidence has been placed, and renders enforceable the expectations of the duty of loyalty and faithfulness arising from the relationship. Fiduciary law and litigation deals with the conduct of persons entrusted or in a position of confidence. The relation existing between a principal and its agent is of a fiduciary nature whenever the principal grants a trust or confidence in the person whom is selected as the agent. Fiduciary law encompasses the law of trusts, the law of confidences, the law of tort, contract law, agency, and arises out of duty and breach thereof.

* Please visit the 'Publications' Section of our website for further information and resources.