Joseph, a Member of the International Society of Trusts and Estates Practitioners (STEP), is a seasoned Wills, Probate and Estate Administration lawyer. He has a formidable record in successfully negotiating settlements in Estate Disputes and achieving positive results for his clients – avoiding costly and lengthy litigation. In addition, Joseph advises clients on Power of Attorney matters, drafting such powers appropriate to the clients’ unique circumstances.
Cross border issues are increasingly an element in wills drafting, probate, estate planning and estate ligation. Joseph is frequently called upon to advise clients in matters involving assets and individuals located in other jurisdictions. He has worked with clients, lawyers and other parties both in the United States and overseas including Bermuda, the Caribbean, Australia, Europe and the United Kingdom.
Joseph’s primary areas of practice are Estates and Family law, advising and representing clients on:
- Estate planning and administration
- Wills drafting and trusts
- Powers of attorney
- Estate litigation
- Inter-jurisdictional disputes involving spouses and property
Joseph regularly appears in the Superior Court of Justice on behalf of clients and as a barrister agent on behalf of other lawyers and law firms. He has also worked as both a tribunal adjudicator and administrative law prosecutor.
Joseph’s wide-ranging professional experience includes serving as Crown Counsel with the Ministry of the Attorney General, advising on family, civil, and estates law matters. He was also involved in the development and implementation of a number of key justice system and family court reforms, including amendments to the rules of court.
The wide breadth of Joseph’s legal experience includes extensive dealings with public sector agencies including the Public Guardian and Trustee.
A Global Perspective
Before entering the law, Joseph undertook doctoral studies and taught for nearly a decade at the University of Toronto. He was awarded an M.A. from Queen’s University and a B.A. (with first class honors) from Dalhousie University, followed by his law degree from the University of Victoria.
While at law school, Joseph gained a valuable and unique global perspective by completing part of his degree at Utrecht University, Faculty of Law in the Netherlands.
- Law Society of Upper Canada
- Member of the Society of Trust and Estate Practitioners (STEP)
- Ontario Bar Association, Trusts and Estates Law Section and Family Law Section
- The Advocates’ Society
- Family Lawyers Association
- Toronto Lawyers Association
Multiple Estates – Foreign Jurisdictions
Joseph Gyverson has acted on behalf of multiple estates in the administration of estates where the trustee and deceased were in foreign jurisdictions, including Singapore, Norway, and the United Kingdom, and assets were located in Ontario. This included assisting the estate trustees to obtain Certificates of Appointment of Estate Trustee in Ontario, working with banks to liquidate assets, and facilitating the transfer of funds to estate accounts overseas.
Representing Australian Public Trustee
Joseph has also acted for the Public Trustee from an Australian jurisdiction in the administration of an estate and directed counsel in other Canadian jurisdictions regarding the liquidation and transfer of assets abroad.
Nominee of Foreign Trustee
Joseph acts as the Ontario nominee of foreign estate trustees, where the estate trustee is resident in countries outside the Commonwealth, facilitating the transfer of estate assets out of Ontario.
Joseph has acted in guardianship applications to the Superior Court of Ontario for parties seeking to protect the interests, health and property of their elderly and incapable parents. This has also involved contesting powers of attorney on the ground that the attorneys were not fulfilling their fiduciary obligations.
$25m Estate Dispute
Joseph and the team acted for a Foundation holding more than $25 million in a complex and acrimonious estate dispute that spanned multiple jurisdictions, including Ontario, the Turks, and Caicos, Panama, and Bermuda. The team co-ordinated the client’s legal efforts across these jurisdictions and obtained a favorable settlement. As part of our representation, Joseph drafted and brokered an interim agreement involving the transfer of over $10 million to estate beneficiaries.