Administration of Civil Justice: Estate Litigation

Quick Info
(3010B.03)  Seminar
Instructor(s)
H. Black; Adjunct Professor
Winter
3 credit(s)  2 hour(s);
Presentation
Discussion, lectures, student presentations
Upper Year Research & Writing Requirement
Yes
Praxicum
No

This seminar will examine the substantive, procedural, and practical issues surrounding litigating certain claims by and against estates. Topics may include, depending upon available time, a detailed review of will challenges, dependant support claims, appointment and removal of estate trustees, passing of accounts, quantum meruit claims, and solicitor’s negligence in drafting wills. We will also examine the role of mandatory mediation and other negotiation techniques in resolving estate litigation.

For each of these topics, we will explore how a client’s case is developed through the interaction of the case law, the Rules of Civil Procedure, the applicable statutes, the rules of evidence, and the psychology of the family unit.