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Estate Litigation: A Primer

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Date: Wednesday, December 9, 2009
Time: 1:00 PM
Location: OBA Conference Centre, 20 Toronto Street, 2nd Floor, Toronto
Description

Don’t miss this new estate litigation program! You can attend this practical program either as an introduction to the area or a refresher on the basics. The program will provide an overview of all the common proceedings in estate litigation, including will challenges and dependent support claims. The program will also cover specialized proceedings such as passing of accounts, guardianship applications and motions for directions. Find out about the latest cost decisions in estate litigation so that you can get great results for your clients.

Sign up for the morning companion course to this program, Succession Planning: A Primer and receive a discount on both programs.

This program is offered jointly with the Trusts and Estates Section and the Young Lawyers’ Division.

Focus: Basic principles and strategies of estate litigation, including precedents and practice
management tips.

Highlights:
• The basics: some common claims in estate litigation
• Motions for advice and directions and orders for directions
• Guardianships
• Passing of accounts
• Update on costs


  Webcast Available

 
Attend Live Program
  Member(M) Student Member(S) Non-Member(N)
In Person $195 $95 $295
By Webcast $145 $45 $245
 
Can't Attend live Program?
  Member(M) Student Member(S) Non-Member(N)
Audio/Video
Online CLE $145 $145 $185
CD-ROM $145 $145 $185
Publication
In Print Publication $75 $75 $120
Download $75 $75 $120
Special Offer
CD-ROM + Binder $165 $165 $228.75
Video Stream + Binder $165 $165 $228.75
 
* Plus applicable taxes

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Program Chair
Danielle R. Joel, Borden Ladner Gervais LLP
   
 
Full Program Agenda

1:00 pm Introductory Remarks

1:10 pm The Basics: Some Common Claims in Estate Litigation
• Will challenges
• Dependant’s support claims
• Family Law Act issues
• Joint asset disputes
Rule 13.1 – where you can commence
Edwin G. Upenieks, Lawrence, Lawrence, Stevenson, LLP - Brampton

1:50 pm Motions for Advice and Directions and Orders for Directions
• Practice direction
• Appointment of an estate trustees during litigation
• Mediation
• Other typical provisions
Jane E. Martin, Eisen Graham, Barristers & Solicitors

2:30 pm Guardianships
• Application requirements
• Capacity assessments
• Section 3 counsel
• Substitute Decision Act obligations
Jan Goddard, Jan Goddard & Associates

3:10 pm Break

3:25 pm Passing of Accounts
• Informal accounting versus proper court format
• Application requirements
• Unopposed passings
• Notices of objections
• Notices of increased costs
• Role of the Public Guardian and Trustee and the Office of the Children’s Lawyer
Clare A. Sullivan, Aird & Berlis LLP

4:10 pm Update on Costs
• Is there a presumption that costs are paid out of the estate?
• Review of recent costs decisions
Kimberly A. Whaley, Whaley Estate Litigation

4:50 pm Question Period

5:00 pm Program Concludes

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$50 Green Discount

Save $50 off the price of any OBA CLE live program when you opt to take the materials electronically. To access your materials, just visit www.oba.org/pd and select "Login".
 
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