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Challenging the Validity of Wills
By: Ian M. Hull, B.A. (Hon.), LL.B.
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This work details the process for the appointment of the estate trustee with a will, and at what stages the will can be attacked. The substantive grounds for challenging the will’s validity are covered including undue influence, fraud, lack of testamentary capacity, suspicious circumstances and improper execution of the testamentary document. The appendices contain a complete selection of estates forms under Ontario’s Rules of Civil Procedure for use in contentious estates proceedings. The author provides guidance for compelling the reluctant executor to produce the testamentary document, for revoking the appointment of the estate trustee where fraud has occurred, for making a claim against the estate, and for the appointment of an administrator pending the outcome of the litigation. Practice tips are also provided.
About the Author
Ian M. Hull, B.A. (Hon.), LL.B., is a partner at the firm of Hull & Hull, practising exclusively in the area of estates, trusts, and capacity litigation. A frequent speaker and author, Mr. Hull is certified by the Law Society of Upper Canada as a Specialist in Civil Litigation and Estates and Trusts Law. He is the author of Challenging the Validity of Wills and a co-author of Macdonell, Sheard and Hull on Probate Practice, 4th Edition. He is a member of the Ontario Bar Association, The Advocates’ Society, Editorial Advisory Board of the Canadian Estate Administration Guide, a former member of the Executive of the Trusts and Estates Section of the Ontario Bar Association, Metropolitan Toronto Lawyers Association, Halton County Law Association, Society of Trusts and Estates Practitioners. (STEP), Fellow of the American College of Trust and Estate Counsel (ACTEC). Mr. Hull is a lecturer of the Bar Admission Course and guest lecturer for the Canadian Bar Association and the Law Society of Upper Canada.