Kimberly A. Whaley, CS, TEP, LLM, QArb

Kimberly A. Whaley, CS, TEP, LLM, QArb, Founding Partner, WHALEY ESTATE LITIGATION PARTNERS (WEL PARTNERS) has practiced in both litigation and mediation in the areas of Estate, Trust, Fiduciary, Wealth Succession, Power of Attorney, Property Gifting, Fiduciary Accounting, Guardianship, Dependant Support, Elder Law disputes and the related interplay of capacity, undue influence, and equity since 1999.

Kim is the recipient of the 2026 OBA Award for Excellence in Elder Law, and the 2024 OBA Award of Excellence in Trusts and Estates Law. Kim and WEL Partners are ranked by Chambers & Partners in their Private Wealth Disputes, High Net Worth (Canada) guide in Band 1. Kim has been included in the Global Best in Law Top Wills, Trust and Estates Law Boutique Law Firm and Lawyer International’s Legal 100. Kim and WEL Partners have been repeatedly ranked by peer review in BEST LAWYERS.

Kim is called as a Solicitor of the Supreme Court of England and Wales (non-practising); is a TEP, full member of the Society of Trust and Estate Practitioners, Canada, and is currently serving a second term as Canadian Representative on STEP Worldwide Council as well as a member of the STEP Mental Capacity Special Interest Group. Kim is STEP WORLDWIDE Conference Chair, 2026. Kim is designated as a Certified Specialist in Estates & Trusts Law by the Law Society of Ontario. Kim is or has been on various advisory boards including the Ontario Securities Commission, Seniors’ Expert Advisory Committee; Estate Planning and Litigation Cambridge Forums Inc., Steering Committee; Toronto Police Service Seniors Community Consultative Committee Co-Civilian Chair; Ontario Estates Bench-Bar Liaison; the Canadian Center for Elder Law (B.C.) (CCEL), as co-chair, and fellow; CanAge fellow; and an Academician of the International Academy of Estate and Trust Law. Kimberly is a certified Neutral of the Canadian Academy of Distinguished Neutrals, Ontario Chapter. Kim is an International Fellow of the American College of Trust & Estate Counsel (ACTEC).

Kim has published numerous articles in Canadian, International, Legal and Medical Journals. Kim regularly teaches and presents at National and International educational and thought leadership conferences for lawyers, doctors and other professionals. Kim has taught as an adjunct professor at Queen’s University, the University of Toronto, Western University, and has been a frequent guest lecturer and sessional instructor at various Canadian Universities. Kim trained at the Harvard Mediation Intensive on Negotiation, Advanced Mediation at Harvard Law School, and at the Institute for Conflict Management.  Kim received her Certificate from the Toronto Commercial Arbitration Society (TCAS) Gold Standard Course in Commercial Arbitration in April 2026. Kim is designated as a Qualified Arbitrator (Q. Arb.) by the ADR Institute of Canada (ADRIC). Kim is a Co-editor of the Estates and Trusts Journal, Carswell, Thomson Reuters Canada.

Latest Blog Posts

• Estate Planning Council of Canada - Fiduciary Accounting And Passing of Accounts On-demand Course
• Kim’s Arbitration Corner: A Snapshot From Kim On Her Learnings From TCA
• Arbitration Corner: A Snapshot from Kim on her Learnings from TCAS
• Webinar: A.I. Tools for Estates and Trust Lawyers: What You Need to Know
• Free Webinar – A.I. Tools for Estates and Trust Lawyers: What You Need to Know – October 16, 2025
• Welcome Daphne Franks!

View all of Kimberly's Blog posts

Notable Awards

OBA Award for Excellence in Elder Law, 2026

OBA Award of Excellence in Trusts and Estates Law, 2024

STEP Best Plenary Session Book Award, 2019

STEP Toronto Volunteer of the Year Award, 2019

OBA Outstanding Volunteer Certificate, 2008-2009

OBA Hoffstein Book Prize, 2009

Professional Associations & Memberships

International Fellow of the American College of Trust and Estate Counsel (“ACTEC”) 2026

Member of STEP Mental Capacity Steering Committee, 2023 – present

International Bar Association, 2023 – present

STEP Canada Representative to STEP Worldwide Council, 2022-2026

Estate Planning Council of Canada, 2021 – present

Member Ontario Estates Bench-Bar Liaison Committee, 2021 to present

The Canadian Academy of Distinguished Neutrals (CADN)(Ontario), 2021- present

The Canadian Center for British Columbia Elder Law (CCEL), co-chair, 2021

STEP, Private Client Awards, Presiding Judge 2021/2022

CanAge Fellow, 2020

The International Academy of Estate and Trust Law (IAETL), Academician since 2018

OBA Elder Law Section, Vice Chair, 2017-2018, Past Chair 2019/2020

CBA Elder Law Executive, Section Chair, 2017

OBA’s JUST Editorial Board, 2014-2017

American Bar Association (ABA), Member, 2014 – present  

The Professional Advisory Group of the BAYCREST Foundation, Honorary Committee Member, 2013, member since 2003

Professional Advisory Group of Dental Elder Abuse Response (DEAR) Project Member, 2013

Canadian Association on Gerontology, Member, 2013- present

CCEL World Study Group - The Canadian Center for Elder Law and Stetson University College, 2009

National Initiative for the Care of Elderly (NICE) member, 2009

OBA Trusts & Estates, Chair, 2008/2009

National Academy of Elder Law Attorneys (NAELA), Tucson, Arizona USA Member, 2008-present

Estate Planning Council of Toronto, Member, 2008 – present

Advocacy Centre for the Elderly (ACE), Member, 2008- present

CBA Wills & Trusts Executive, 2004-2013

ADR, Civil Litigation, Sole Small Firm and General Practice, Elder Law, Trusts and Estates Law, Health Law, and Women Lawyers Forum

Section 3 Counsel Practice Group – Toronto

OBA Trusts & Estates Executive Member, 2003 - 2010

Advocates’ Society, Member, 2003 – present

STEP Worldwide as a Trust and Estate Practitioner, Member since 2002, TEP 2007

Toronto Lawyers Association (TLA), Member, 2001-present

Ontario Bar Association (OBA), Member, 1999- present

Canadian Bar Association (CBA), Member, 1999 – present

Law Society of Ontario (LSO), February 1999 – present

Solicitor of the Supreme Court of England & Wales, October 1997 (non-practicing)

Honorary Life Member, Past Chair, CBA Elder Law Executive

OBA, Young Lawyers Division Executive (YLD), 2004

Publications

• "The Complexities of Joint Ownership in Canada", ETPJ, Volume 42, Number 2, September 2025
• "Incapable and Capable Rights: The Rights of Adults in Vulnerable Circumstances – Sledgehammer v. Swiss Army Knife", ETPJ, Volume 41, Number 4, August 2022
• "Inter Vivos Versus Testamentary Undue Influence: Origins, Differences and Recent Development", April (2021), 40 ETPJ 269
• “Susceptibility to Undue Influence: The Role of the Medical Expert in Estate Litigation" - Nathan Herrmann, MD, FRCPC, Kimberly A. Whaley, CS, LLM, TEP, Deidre J. Herbert, LLM, Kenneth I. Shulman, MD, SM, FRCPC - June 1, 2021
• “Capacity to Instruct Counsel”, The Advocates' Quarterly, Vol. 50, Part 4, April 2020
• “Resolution of Estates and Trust Disputes: Mediation and Alternative Dispute Resolution in Canada”, The International Academy of Estate and Trust Law, Oxford University Press, Trust & Trustees, February 2020
• “Finding Missing Beneficiaries”, The Advocates' Quarterly, Volume 50, Issue 2, October 2019
• “Posthumously-Conceived Children Born in Ontario: What are their Rights and What do Estate Trustees Need to Know?, ETPJ, Volume 38, Number 4, August 2019
• “Not a Perfect Science", STEP Journal, Volume 27, Issue 3, April 2019
• "A Lawyer's Duties and Obligations Where Capacity, Undue Influence and Vulnerability are at Issue in a Retainer', The Advocates' Quarterly, Volume 48, Issue 4, September 2018
• STEP Toronto Connection: “Roach v Todd Contested Passing of Accounts: Where Did All the Money Go?”, February 2019, Vol. 6 No. 5
• The Advocates Quarterly: “A Lawyer’s Duties and Obligations Where Capacity, Undue Influence, And Vulnerability Are At Issues In A Retainer”, Volume 48, Issue 4, August 2018
• "Predatory Marriages", The Advocates' Quarterly, Volume 48, Issue 3, June 2018
• STEP Trust Quarterly Review, Volume 16, Issue 2, June 2018, Capacity to Reconcile, A New Legal Standard?
• Support Rights and Obligations in Ontario Family Law, Halpern, Chapter -"Support on Death", Thomson Reuters, May 2018
• STEP Toronto Connection: “Ademption by Advancement & the Presumption of Double Portions, Campbell v Evert, 2018 ONSC 593 (CanLII), April 2018, Vol. 5. No. 6.
• Canadian Geriatrics Journal, A Case for the Standardized Assessment of Testamentary Capacity, Vol. 21, Issue, 1 March 2018
• STEP Toronto Connection: “Can an Obligation to Pay Spousal Support Survive the Death of the Recipient Spouse? Marasse Estate (Re), 2017 ABQB 706 (CanLII), February 2018, Vol.5, No. 5
• The Advocates Quarterly: “Independent Legal Advice: Risks Associated with “ILA” Where Undue Influence and Capacity are Complicating Factors” Vol. 47, No. 4, December, 2017
• Histrop Estate Planning Precedents: A Solicitor’s Manual, Solicitor’s Negligence: Estates and Trusts Context, The Myth of a Hierarchy of Decisional Capacity: A Medico-Legal Perspective, November 2017, (2017- Rel.6), 6.1-777
• STEP Toronto Connection: “Retirement Home Vicariously Liable for Employee’s Theft of Older Adult? Hoyle (Estate) v. Gibson-Heath", November 2017, Vol. 5, No. 3
• STEP Toronto Connection: “The B.C. Court of Appeal reviews the “curative powers” of the Court under section 58 of Wills, Estates and Succession Act”, October 2017, Vol. 5, No.2
• STEP Trust Quarterly Review, Volume 15, Issue 1 2017, Independent Legal Advice and Incapacity, Kimberly A. Whaley
• STEP Toronto Connection: “Joint Tenancy Dispute Strikes Again: Severed? Gift? Forms Residue of Estate?”, September 2017 - Vol. 5 No. 1
• Money and Family Law: Capacity to Marry, Co-habit, Separate and Divorce-Part IV, February 2017, Issue 32-2
• Money and Family Law: Capacity to Marry, Co-habit, Separate and Divorce-Part III, January 2017, Issue 32-1
• Money and Family Law: Capacity to Marry, Co-habit, Separate and Divorce-Part II, December 2016, Issue 31-12
• Money and Family Law: Capacity to Marry, Co-habit, Separate and Divorce-Part I, November 2016, Issue 31-11
• Key Developments in Estates and Trusts Law in Ontario, Update on Joint Accounts, Chapter 7, Canada Law Book, 2016 Edition
• LSUC: “How to Make a Dependent’s Support Claim” Update, November 2013 and updated May 2016
• Armstrong, Estate Administration, A Solicitor’s Reference Manual: Fiduciary Accounts And Court Passings: 2016-Rel.4
• Canadian Lawyer, The Elder Law Boom, October 2016
• Single by Choice, Chapter 9, The Law Always Has Its Say, October 2016
• Développements Récents En Successions Et Fiducies, Barreau Du Québec, Service De la Formation Continue, Volume 411, Predatory Marriages, 2016
• The Advocates Quarterly: “Standardizing the Assessment of Testamentary Capacity”, Vol. 46, No. 4, March 2017, Kimberly A. Whaley, Megan Brenkel, Kenneth I. Shulman and Kerri Crawford
• The Advocates Quarterly: “The Myth of a Hierarchy of Decisional Capacity: A Medico-Legal Perspective”, Vol. 45 No. 4, July 2016, Kimberly Whaley, Kenneth I. Shulman and Kerri Crawford
• Estates and Trusts Pension Journal (ETPJ): “Attacking and Defending Gifts” (2016), 35 E.T.P.J.269
• The Advocates Quarterly: “Solicitor’s Negligence: Estates and Trust Context” Volume 45, No.1, February 2016
• Money and Family Law: 2016: Claims Arising out of Later Life Partnerships
• The Advocates’ Journal, “The Landscape of Elder Abuse”, Vol. 34, No. 3, Winter 2015
• The Advocates Quarterly: “Where There’s (Not) a Will: Partial Intestacies and Remedies” co-authored with Ameena Sultan, Volume 44, No. 4, November 2015
• CBC.ca, ‘In Depth’ article: referenced in ‘Marriage-like relationships hard to prove in court, B.C. case shows Sex, love and the courts: When is a spouse a spouse?’ November 1, 2015
• Whaley Estate Litigation on Guardianship, 2015, Whaley Estate Litigation
• Estates and Trusts Pension Journal (ETPJ): “Predatory Marriages – Equitable Remedies”, co-authored with Albert Oosterhoff, Volume 34, No. 3, May 2015
• CBC Broadcasting Centre: Ontario Today, “Disputes over Inheritance” January 15, 2015
• Lawyers Weekly: “Remedy for a Broken Family Promise: Ontario Appeal Court looks at proprietary estoppel in a pair of cottage cases”, December 5, 2014, Vol. 34, No. 29
• Canada Law Book Year in Review, Key Developments in Estates and Trust Law in Ontario, 2014-2015: “Contempt Proceedings in Estate Matters”
• Money and Family Law: “Spousal Claims Against Estate and Other Claims Arising out of Re-Marriages”, Part VI, June, 2014, Issue 29-7
• Money and Family Law: “Spousal Claims Against Estate and Other Claims Arising out of Re-Marriages”, Part II, March, 2014
• Money and Family Law: “Spousal Claims Against Estates and Other Claims Arising out of Re-Marriages”, Part I, December, 2013
• ERAssure Newsletter: “The Fractured Family Estate Litigation in Complex, Blended and Extended Families in an Era of Social and Demographic Change” Issue 15, October, 2013
• Estates and Trusts Pension Journal: “Capacity and the Estate Lawyer: Comparing the Various Standards of Decisional Capacity” E.T. & P.J., Volume 32, No. 3, May, 2013
• Advocates Quarterly Journal: “Between a Rock and a Hard Place: The Complex Role and Duties of Counsel Appointed Under Section 3 of the Substitute Decisions Act, 1992”, Volume 40, Number 3, November 2012
• Advocates Quarterly Journal: “The Intersection of Family and Estates Law: Post-Mortem Claims Made by Modern Day Spouses”, Volume 40, Number 1, June 2012
• Kimberly authored the chapter, “Conundrums in Cognition: Planning for the Future”, in “What Next? Navigating Later Life Transitions”, Senior Solutions, Release 2012
• Kimberly authored the chapter, “Fiduciary Accounts and Court Passings”, in “Armstrong, Estate Administration: A Solicitor’s Reference Manual”, Carswell and Thomson Reuters, Release 2012-13, Vol. 4, p. SLL-32 – SLL-46.58, and Release 2014-15
• Kimberly authored the chapter, “Estates Issues Relating to Ontario Family Law, Property Rights and Obligations.” in “Property Rights and Obligations Under Ontario Family Law”, Canada Law Book, Thomson Reuters, 2012.
• Kimberly authored and edited the Canada Law Book yearly publication “Capacity to Marry and the Estate Plan” in 2010, with co-authors: Dr. Michel Silberfeld, Heather McGee and Helena Likwornik.
• Kimberly is a co-contributor and author of a chapter in the Canada Law Book publication “Key Developments in Estates and Trusts Law in Ontario” published annually since 2008. Kim authors the chapter, “Passings of Accounts, including Contested Passings” and in 2013-2014, “Financial Abuse of Older Adults: Elder Law Issues, Abuses and Potential Remedies”.
• Estates and Trusts Pension Journal: “Life after Death: Modern Genetics and the Estate Claim”, Vol. 28, Number 2, March 2009
• Estates, Trusts and Pensions Journal: “Powers of Attorney and Financial Abuse” Vol. 27, Number 4, September 2008 Estates and Trusts Pension Journal: The Use of DNA in Contested Estate Matters, E.T. & P.J. Volume 23, Number 2, page 140, April 2004

Prior Experience

• Queen's University Faculty of Law
• Hull and Hull
• Borden Ladner Gervais, LLP
• Beale & Company
• International Human Rights Group, Washington, D.C.
• Allen & Overy