Challenging the Validity of Wills, Second Edition
By: Ian M. Hull, B.A. (Hons), LL.B., Suzana Popovic-Montag, B.A. (Hons), LL.B.
ISBN/ISSN/Product Number: 978-0-7798-8636-4
Product Type: Book
Number of Pages: approx. 496 pages
Binding: hardcover
Publication Date: 2018-07-26
Publisher: Carswell
Price: $217.00

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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 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
About the Author

Ian M. Hull, B.A. (Hon.), LL.B., is a partner at the firm of Hull & Hull LLP, 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 a co-author of Challenging the Validity of Wills, 2nd Edition and Macdonell, Sheard and Hull on Probate Practice, 5th Edition. He is a member of the Canadian 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, and the Society of Trusts and Estates Practitioners (STEP); and a Fellow of the American College of Trust and Estate Counsel (ACTEC). Mr. Hull is a guest lecturer for the Canadian Bar Association and the Law Society of Ontario.

Suzana Popovic-Montag, managing partner of Hull & Hull LLP, practises exclusively in the areas of estates, trusts, capacity, and fiduciary litigation. She has extensive experience in contentious proceedings including will challenges, passing of accounts, fiduciary litigation, will interpretations, and dependant's relief proceedings.

Ms. Popovic-Montag is also a specialized estate mediator (trained at Harvard Law School) focusing on pre-death and post-death estate resolutions. She's a frequent speaker and the author of numerous academic articles published in such journals as the Estates and Trusts Reports, the Trusts and Estates Law Journal (U.K.), Trust Quarterly Review (U.K.), and the Estates and Trusts Pension Journal.

She is also a member of the Society of Trust and Estate Practitioners (STEP), the Toronto Lawyers Association, the Advocates’ Society, the National Academy of Elder Law Attorneys Inc., the Halton County Law Association, and the Estate Planning Council (Mississauga).

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