I recently had the privilege of co-chairing the OsgoodePD Estate Litigation: The Practical Guide for Legal Professionals seminar with Ian Hull.
Over the course of three evenings, we heard from our colleagues and experts in the field of estate litigation. The course provided detailed, practical tips on how to manage each stage of an estate matter by utilizing a step-by-step analysis of the estate litigation process, as well as various real-life case studies.
Doreen So and Nick Esterbauer were two of the seminar speakers, providing important and valuable insights into portions of the estate litigation process.
Doreen spoke about Estate Trustees During Litigation, neutral individuals with authority to administer the assets of an estate while there is a dispute about the validity of the will or there are issues between the estate trustee and the beneficiaries.
She also discussed who could act as an Estate Trustee During Litigation, when they are needed, what their purpose is, and the test for their appointment.
Nick spoke about Litigation Guardians and their main purpose of protecting the interests of vulnerable persons who lack mental capacity to make appropriate litigation decisions, outlining that they are a “decision-maker for the party under disability for the purposes of the litigation” (Kavuru (Litigation Guardian of) v Heselden, 2014 ONSC 6718 (Div Ct).), and that they ensure independent representation in matters involving legal rights and settlements of interests in estates and trusts.
He also spoke about who generally acts in this role, what the role entails, when Litigation Guardians are necessary, where they can be appointed, why they are needed, and how their role is different from guardians of property/personal care or section 3 Counsel.
If you have any questions about Estate Trustees During Litigation, Litigation Guardians, or anything else regarding an estates matter, feel free to reach out to us. Additionally, if you think this seminar would be beneficial to your practice, you are still able to purchase access to the scheduled replay on November 14, 2022, running from 9:00am to 6:00pm.
Thanks for reading and have a great day!
Suzana Popovic-Montag and Geoffrey Sculthorpe