Estate Litigation is that area of practice that deals with disputes respecting a deceased person’s assets. In this course we will discuss a number of the more common types of proceedings such as:

– Probate proceedings including applications for “Orders Giving Directions” and selected interlocutory steps in will challenges;

– Applications to remove and replace a trustee and to seek the advice and direction of the Court;

– Passings of account  by trustees, Guardians and Attorneys;

Dependants’ support claims;

– Actions by and against an Estate Trustee in that representative capacity.

The emphasis will be on the acquisition of skills in respect of the most common features of everyday practice and will involve both written and oral advocacy.

Materials:

There are no materials to purchase.

Assessment:

Class participation: 50%

Culminating exercise: 50%

READINGS AND MATERIALS

Introductory Class

Steps in Civil Litigation (chart)

Procedural Steps in a Typical Will Contest

Jane E. Martin, ‘Orders for Directions- Making the Best Use of Preliminary Orders in Estates Litigation’

Rules 74 and 75 of the Rules of Civil Procedure

Trustee Act

Estates Act


Class 2: Submissions on an Order Giving Directions

Moving Party’s Motion Record

Moving Party’s Factum and Authorities

Respondent’s Motion Record

Respondents’s Factum

Respondent’s Authorities


Class 3: Cross-Examination (the fun part of litigation) & Dependant’s Support

1999 Affidavit of Applicant

Responding Record

Supplemental Application Record

Application Record