M. Scott Kerwin is a litigation partner in our Vancouver office. He has a broad litigation practice, with specific expertise in trusts, probate, estate and incapacity disputes, Indigenous law, constitutional law and general litigation.
In his estates and trusts litigation practice, Scott counsels his clients in a variety of matters, including:
- probate litigation (disputes concerning the validity of wills and the succession of property)
- claims to rectify and validate wills under the Wills, Estates and Succession Act
- will variation claims under the Wills, Estates and Succession Act
- claims relating to joint bank accounts or other joint assets, or the misuse of a power of attorney
- applications to the court for the interpretation or constructions of wills and trust instruments
- restitution claims against estates
- the appointment of committees under the Patients Property Act
- variations of trusts pursuant to the Trust and Settlement Variation Act
- applications concerning the administration of estates and trusts, including executor’s accounts, and the removal and replacement of executors and trustees
Scott also has significant expertise in Indigenous law, with a primary focus on Indigenous rights and title claims, and the Crown's duty to consult Indigenous groups.
Scott is the regional leader of our Estate Litigation Group and regional co-leader of our Private Client Group.
Prior to being called to the bar, Scott completed a judicial clerkship with the British Columbia Court of Appeal.
Scott provides legal services through a Law Corporation.