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%
READINGS AND MATERIALS
January 14, 2020 – Motion for Directions
January 21, 2020 – Submissions in More Complex Matters (Appeal)
January 28, 2020 – Examination for Discovery
February 4, 2020 – Cross-Examination on an Affidavit
February 11, 2020
Distribution of Culminating Exercise and Guidance
Scheduling Meeting: counsel, parties, witnesses