Keeping up with landmark estate litigation decisions

Upcoming webinar highlights what you need to know about 'significant shift' in the landscape

Keeping up with landmark estate litigation decisions

This article was produced in partnership with WEL Partners and Hull & Hull

As we near the end of 2024, it’s safe to say it was a big year for estate litigation. Numerous landmark decisions signal a significant shift in the landscape, and it’s critical that anyone involved in the space know about them.

“A main challenge faced by lawyers is the fact that the law is always changing and evolving,” says Ian Hull, co-founding partner of Hull and Hull. “It’s important to be aware that the law is fluid and in order to keep up with this fluidity, they must stay up to date on published decisions.”

Joined by fellow estate litigators Kimberly A. Whaley, Suzana Popovic-Montag, and Bryan Gillmartin as hosts of an upcoming webinar, the panel will provide in-depth analysis of five critical court decisions that are reshaping fiduciary duties, will rectifications, and limitations on claims. Among them are Shannon v. Hrabovsky and Ingram v. Kulynych Estate, both of which focus on applicable limitation periods — another area of considerable challenge for estate litigators — and their corresponding statute.

In Shannon, the court discusses when a limitation period begins to run in a circumstance where a will is not found for many years after the testator’s death. As for Ingram, the court deliberated whether the applicable statute and corresponding limitation period to make a claim against an estate was under the Real Property Limitations Act or the Trustee Act. These decisions, along with the other three that will be covered during the webinar, demonstrate how the Court of Appeal has overturned several lower court decisions but upheld others, and the panel will dive into each one.

From understanding the latest criteria courts are applying when rectifying wills, to delving into how privilege issues are shaping the handling of executor invoices and estate disputes, the aptly named 2024 Decisions That Have Changed the Canadian Estate Litigation Landscape will provide attendees with the legal insights and strategies they need to enhance their practice.

“Estate disputes are becoming increasingly complex,” says Whaley. “It’s essential to stay informed about evolving legal standards and their practical implications.”

Don’t miss out on this timely and informative webinar. Register now to ensure your clients receive the most informed and effective representation possible.

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