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

LSUC, Rules of Professional Conduct

Principles of Professionalism and Civility for Advocates

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


January 14, 2020 – Motion for Directions

Moving Party’s Motion Record

Moving Party’s Factum and Authorities

Respondent’s Motion Record

Respondents’s Factum

Respondent’s Authorities


January 21, 2020 – Submissions in More Complex Matters (Appeal)

Notice of Appeal

Appellants Factum

Appellants Compendium Vol I

Appellants Compendium Vol II

Appellants Compendium Vol III

Appellants Book of Authorities

Respondents Factum

Respondents Compendium

Respondents Book of Authorities


January 28, 2020 – Examination for Discovery

Order

Statement of Claim

Statement of Defence

Correspondence

Will Planning File

Documents

The Gentle Art of Conversational English in Direct Examination


February 4, 2020 – Cross-Examination on an Affidavit

Application Record

Supplemental Application Record

Responding Record

1999 Affidavit of Applicant


February 11, 2020

Distribution of Culminating Exercise and Guidance

Scheduling Meeting: counsel, parties, witnesses