James W. Zaitsoff

James Zaitsoff is a Principal and is the head of Legacy’s Estate and Trust Litigation Group.

James is an experienced trial lawyer and has appeared before all levels of court in British Columbia.  James will strongly advocate for his clients in the courtroom, but he is also skilled at resolving matters through negotiation and mediation when it best serves his clients’ interests.

James was called to the British Columbia bar in 2009.  Prior to joining Legacy, James practiced at a full service firm in downtown Vancouver for over 14 years as a civil litigator specializing in estate and trust litigation.

James’ estate and trust litigation practice includes the following:

  • Wills variation claims – assisting clients seeking to vary wills or seeking to defend against such claims;
  • Breach of fiduciary duty claims against executors and trustees – acting for beneficiaries or co-executors/co-trustees who have concerns regarding the administration of an estate or trust, as well as defending executors and trustees;
  • Claims regarding the validity, construction and administration of wills and other estate planning tools, including inter vivos trusts;
  • Advising executors and trustees with respect to their rights, obligations, and potential liability in administering estate and trusts;
  • Assisting beneficiaries in resolving issues relating to the administration of estates and trusts; and
  • Committeeships and other elder law and incapacity proceedings.

James authors www.BCEstateLitigation.ca, a blog to inform readers of the latest developments in estate litigation.  A selection of his columns have been compiled and published in an e-book format by canlii.org and can be found here. James also presents regularly on estate litigation issues, and he authors a chapter in Estate Disputes in British Columbia: A Litigators Guide, a resource published by the Continuing Legal Education Society of British Columbia.

Reported Cases/Representative Work: