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 authors provide 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.
New in this edition
This new edition reflects a more nuanced understanding of the practical effects of the estate rules 74 and 75.
There has also been 8 new chapters introduced to the new edition:
- Locating Missing Beneficiaries
- Costs in Estates Litigation
- Breach of Fiduciary Duty Claims
- The Deemed Undertaking Rule and Estate Litigation
- Unjust Enrichment in Will Challenge Matters
- Solicitor’s Negligence
- Acting for Children and the Mentally Incapable
- Estate Administration Tax Act, 1998 Estate Information Returns