A. Lawrence Graham, KC

The primary focus of Larry’s practice is finding ways to resolve conflicts in the administration of estates. He has acted as the lawyer for Executors and Administrators in several hundred estates in his forty-year career. The role of the estate lawyer (called the “Proctor” in Nova Scotia), is to make sure that the estate is managed in the best interests of the Estate in general. This role means that the Proctor must develop mediation skills to bring the heirs and the estate representatives together. Larry has used his experience to bring many estates to a close without court intervention.

Sometimes mediation is not enough and recourse must be had to the Probate Court or the Supreme Court. Larry spent the first ten years of his career as a civil trial lawyer, litigating commercial and real estate issues, personal injury issues, and family law issues. This background serves him well in bringing unresolved estate issues to our courts.

He has appeared before the Supreme Court of Canada, the Supreme Court of Nova Scotia, the Nova Scotia Court of Appeal, family courts, several of the former county courts, and most of the Probate Courts of Nova Scotia. He has acted in court for Executors and Administrators and for individuals with claims against estates. In several cases, Larry has been appointed by the probate courts to take over as Estate Administrator. This usually happens when an Executor chooses to resign or must resign because of a conflict of interest.

Larry has prepared several thousand wills and trusts over his career. Today, he serves as counsel to the Wills and Estates team at BOYNECLARKE LLP, but still enjoys the opportunity to draft or assist with the drafting of a will that may involve complex issues.

Larry’s experience led to his appointment as the Canadian Bar Association representative on the N.S. Law Reform Commission Advisory Committee, reviewing reform of the Probate Act. The committee report led to the passage of the current Probate Act of Nova Scotia.

Larry was a part-time faculty member at Dalhousie University Law School for eight years lecturing on civil trial practice and was co-editor, with David Miller, Q.C., in the publication “Trial Practice Case Materials”. He has presented papers at conferences and seminars, including conferences for the CLE Society of Nova Scotia.

Background

Education

• 1975: LL.B., Dalhousie University, Halifax, Nova Scotia
• 1970: Bachelor of Arts, Saint Francis Xavier University, Antigonish, Nova Scotia

Employment

• 2011 – Present: Counsel, BOYNECLARKE LLP, Dartmouth, Nova Scotia
• 2002 – 2011: Sole Practitioner
• 1980 – 2002: Partner, BOYNECLARKE LLP, Dartmouth, Nova Scotia
• 1977 – 1980: Partner, Horne Langille MacIntyre
• 1975 – 1977: Associate lawyer, Horne Langille MacIntyre

Professional Memberships

• Member – Canadian Bar Association
• Member – Nova Scotia Barristers’ Society

Community Activities

• Past Member – Big Brothers-Big Sisters Board
• Past Member – Executive of Saint George’s Tennis Club (Vice President)
• Past Member of Board and Executive of Dartmouth Regional Library
• Past Member – Dartmouth Regional Library Board
• Past Chairman of the Board of the Celtic Music Interpretive Centre Society, Judique, Nova Scotia

Awards & Honours

• Included in The Best Lawyers in Canada published by Best Lawyers® (2014-2022)
• King’s Counsel, formally Queen’s Counsel (1998)

Publications

• “Trial Practice Case Materials”, co-edited with David Miller, Q.C. (1980)
• “Quieting Titles Act: Chambers Practice”, NS Bar News (1988)
• Author of forms recommended by Supreme Court for use with Quieting Titles Act applications

Presentations

• “Appointment of Guardians for Infant Beneficiaries”, Continuing Legal Education Conference (1986)
• “Taking Will Instructions”, Continuing Legal Education Conference (1990)
• “Applications under the Quieting Titles Act”, CBA Real Property Subsection Meeting (1993)
• “Will Preparation”, Continuing Legal Education Conference (1993)
• “Laws and Policies relating to Nursing Care Costs”, Continuing Legal Education Conference (1993) and conference co-chair
• “Guardianship Reform”, presented at the 1997 Brain Injury Association Conference, Halifax
• “Proposals for Reform of Probate Act”, presented at CBA Nova Scotia Conference (1997)
• “Case Roundup – Estate Litigation”, presented at CBA-NS with Timothy Matthews, Q.C., (2016)
• “Avoiding, Pursing and Defending Litigation in Estate Matters”, presented at CBA-NS with Peter Rumscheidt and Jessica Lyle (2017)
• “How to Prepare your Solicitor’s File to Withstand Litigation: Estate Planning Professionals”, presented at CBA-NS with Richard Norman (2018)
• “Proof in Solemn Form”, presented with Timothy Matthews, Q.C. (2018)

Court Testimony

• Qualified to Testify (and testified) as an Expert Witness on Nova Scotia Probate Practice in: Atlantic Jewish Foundation v. Leventhal Estate, 2018 NSSC 147, Atlantic Jewish Foundation v. Leventhal Estate, 2018 NSSC 297 and
• Bruhm v. Feindel, 175 NSR (2ND) 173 (1999).