Will Challenges from Start to Finish – The Lunch & Learn Series (2023)
Wagner Sidlofsky LLP hosted virtual “Lunch and Learn” seminars, beginning on March 15, 2023. These seminars were an excellent opportunity for anyone thinking about creating or revising their Will to learn about the practice of estate law and estate litigation directly from industry-leading professionals. Topics addressed include everything from the significance of the Will and applying for Probate, to objecting to a Will and defending a Will from challenges.
Session Details
- Making a Will and Obtaining Probate – This Lunch and Learn answered questions including: What is a Will? What are the various kinds of Wills? How do I ensure a Will is validly executed and legally compliant? What is probate, why is it needed, and how is it obtained?
- Grounds for Challenging a Will – This Lunch and Learn seminar addressed common grounds for challenging a Will, including “lack of testamentary capacity,” “lack of knowledge and approval of the contents of the Will,” and “undue influence.”
- The Notice of Objection – Theory and Strategy – Part I – This Lunch and Learn seminar was the first part to a comprehensive introduction to the Notice of Objection: what they are, how they work, and how to defend against one.
- The Notice of Objection – Theory and Strategy – Part II – This Lunch and Learn seminar covered topics including who has standing to file a Notice of Objection, and in that sense, who satisfies the “financial interest rule”. It will also address filing details, including where to file an Objection and the Notice of Appearance.
- First Court Appearance and Orders – This Lunch and Learn seminar addressed strategic concerns when preparing for the First Appearance; negotiating consent for a Court Order; parties submitting rights to the Court; Rule 74.15 and Section 19 of the Estates Act; and when to schedule discoveries, mediation, and selecting a mediator.
- Limitation Periods in Will Challenges – This Lunch and Learn seminar addressed limitation periods in Will challenges. Is there a limitation period to challenge a Will? How long is it? What happens if it is missed?
- The Role of the Drafting Solicitor in a Will Challenge – This Lunch and Learn seminar discussed the role and responsibilities of Will-drafting solicitors, both while drafting the Will and during a Will challenge.
- Originating Process – Actions vs Applications – This Lunch and Learn seminar discussed the procedural differences between actions and applications.
- Discovery in the Estate Context – This Lunch and Learn seminar addressed the fact-finding step of litigation known as “Discovery”.
- Mediation in the Estate Context – This Lunch and Learn seminar talked about Mediation. Key topics include the relevant rules of meditation; examinations prior to mediation; appointment of an ETDL, who to choose as an ETDL, and whether to post a corporate bond; and tax issues to be considered.
- Family Law and the Will Challenge – This Lunch and Learn seminar talked about Family Law and Will Challenges.
- Trial – This Lunch and Learn seminar talked about Trials: the Mount Doom in the quest to destroy the One Ring that is Estate Litigation.
Session Recordings
We developed an e-book from this seminar series.
Download it now for free.
Available in two convenient formats.
In the Media
- Will challenges fundamentally changed post-Ontario Regulation 129/20 by Charles Wagner – Law 360 Canada (March 9, 2023)
- Notice of objection: One piece of paper but a wallop of a punch by Charles Wagner – Law 360 Canada (April 20, 2023)
- The many steps in challenging a will by Charles Wagner – Law 360 Canada (May 16, 2023)
- Limitation periods in will challenges: Declaratory vs. consequential relief by Harkirt Singh Dhadda – Law 360 Canada (June 1, 2023)
- Role of drafting lawyer in will challenge by Bradley Phillips – Law 360 Canada (June 14, 2023)
- Originating process: Applications versus actions by Brendan Donovan and Hershel Sahian – Law 360 Canada (June 30, 2023)
- Discovery process in will challenge litigation by James Dunphy – Law 360 Canada (July 12, 2023)
- Family law considerations in estate litigation by Perter Neufeld – Law 360 Canada (September 15, 2023)
- Trials of will challenges: What will drafting lawyer needs to know by Peter Neufeld – Law 360 Canada (October 6, 2023)
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