Institute for Wills and Estates Education

Estate Litigation for the Estate Trustee

What the Estate Lawyer needs to know about Estate Litigation 

Introduction

  • Authority of the Estate Trustee in Litigation

  • Types of Litigation

Claims against an Estate

  • General Claims for Debts

  • Constructive/Resulting Trust Claims

  • Dependant Support

  • Family Law Act Equalization

  • Will Challenges

  • Interpretation/Directions Applications

Special Defences

  • Litigation Administrators

  • Contestation

  • Limitation Periods

  • Set-off

  • Disclaimer

Claims by an Estate Trustee

  • Authority to commence Claim

  • Liability of Estate Trustee for litigation costs

  • Right of indemnity

Professional and Practice Issues

  • Protecting your client

  • Protecting yourself

  1. Questions and Answer Period