Overview

Desiree Smith

Desiree Smith is an Associate in our General Litigation group. Before joining Cunningham Swan, she began her legal career at a local boutique estate litigation firm and co-taught the estate litigation course at Queen’s University Faculty of Law.

Today, she supports clients in general litigation matters, as well as those related to estate litigation and wills and estates. She guides clients responsible for administering estates, advises attorneys managing assets under a Continuing Power of Attorney for Property (or Guardianship Order), and advocates for those facing legal challenges related to the death, diminished capacity, or vulnerability of loved one. Her clients may be attorneys (acting under a power of attorney), guardians, estate trustees (executors), trustees, solicitors, trust companies, beneficiaries, heirs or individuals concerned about the welfare of a vulnerable person.

Since joining the firm in 2016, Desiree has guided clients through matters involving:

will challenges
will interpretations
guardianship applications
passing of estate trustee, trustee and attorney accounts
dependent support applications
unjust enrichment claims
removal and replacement of trustees
intestacies
insolvent estates
disputes involving the exercise of a Power of Attorney
variation of trusts, and
estate administrations

Having grown up in the Kingston area, Desiree enjoys practicing law in this community. She is a member of the Frontenac Law Association and is and is an active member of the Estate Planning Council of Eastern Ontario.

On the weekends, Desiree may be found playing soccer, paddle boarding on a nearby lake, gardening, or exploring the area with her spouse and two children.

Practice Areas

• Elder Law
• Estates & Trusts

Bar Information

Called to the bar: 2012 (ON)