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.


There are no materials to purchase.


Class participation: 50%

Culminating exercise: 50%


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

Law 645 – Class 1 Slides


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) 

1999 Affidavit of Applicant

Application Record

Supplemental Application Record

Responding Record

Class 4: Arguing Law

Dagg v. Cameron Estate, 2016 ONSC 1892 (Ont. Div. Ct.)

Notice of Appeal

Factum of the Appellant

Factum of the Respondents

Joint Factum of the Parties (Mootness)