Contentious Estate Matters: Tips for Preparing Materials
This paper covers three main topics. First, it reviews formal proof of will processes, including considerations for filing caveats, notices of objection, and applications. Second, it discusses issuing notices and claims under the Matrimonial Property Act and Wills and Succession Act as well as related procedural requirements. Third, it considers court applications for advice and direction.
Practical discussion of materials preparation and file management occurs throughout, providing tips for effective information gathering procedures. This paper also includes precedents for documents commonly filed in applications for family maintenance and support, proving formal validity of a will, and seeking advice and directions.
This paper is part of a collection presented at LESA’s Effective Legal Support: Estate Administration program in Edmonton on May 22, 2019 and in Calgary on May 29, 2019.
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