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.

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

 

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