TWO PROGRAMS: Collaborative Practice for Estate Disputes: How It Works and When It Fits AND Estate Litigation Trends: Testamentary Intent, Capacity and Lifetime Gifts

Collaborative Practice for Estate Disputes: How It Works and When It Fits

Sydney Osmar of Hull & Hull LLP and Rui J. M. Alves of Laurel Family Law LLP examine how collaborative practice, developed in family law, can be used in estate disputes and planning. They explain the participation agreement, the commitment to open disclosure and the role of each party’s lawyer. If the matter moves to contested litigation, the collaborative lawyers withdraw, although limited court steps on consent may still be possible. 

The presenters outline the process from assessing whether a matter is suitable and preparing clients through joint meetings and a final agreement. They discuss how shared family and financial professionals can assist, and consider its use in will challenges, dependants’ support claims, guardianship disputes, estate trustee disagreements, accountings and family business succession. They also address circumstances where the approach may be unsuitable, including elder abuse and significant power imbalances, and provide resources for lawyers interested in using it.

Estate Litigation Trends: Testamentary Intent, Capacity and Lifetime Gifts

Paul Andrews of Andrews Donnelly LLP examines the shift in estate litigation from technical defects in will execution toward disputes over intention, capacity and undue influence. He discusses the court’s power to validate improperly executed wills, the evidentiary questions raised by remote witnessing and the importance of documenting what happened when a will was signed. 

He also considers challenges to lifetime gifts and joint accounts, including evidence of an intention to give, the timing of deposits and retrospective medical assessments of capacity.