Wills and estates matters can be complex and emotional. Many people feel that whatever has happened to derail an estate is the result of someone acting in a way that is selfish, greedy, or even criminal. Sometimes someone wants to stop abuse or fraud, or simply ensure the deceased's wishes are carried out. Perhaps financial support from the estate is warranted and not received. Often, these types of issues need to be brought before the courts to be resolved. Contesting a Will without a Lawyer: The DIY guide for Canadians not only informs the reader of the types of lawsuits that touch on estates matters and what is involved in each to help with the decision of whether or not to sue over an estate dispute; it is also for those who decide to go ahead with a lawsuit on their own, to help them navigate paperwork and the court system. It answers questions such as: What are the legal grounds for contesting a will? What are the pros and cons of starting a lawsuit about a will? What evidence will I need and how do I get it? How long does it take? Are there steps I should take before starting the lawsuit? What forms do I need and how do I use them? Do I need a lawyer or can I handle this myself? Will the estate or the other side cover my costs?Author and lawyer Lynne Butler offers factual and straightforward explanations in this indispensable book for anyone considering estate litigation. The download kit contains: Statement of Claim Caveats Checklists to help you on your way- And more!

Wills and estates matters can be complex and emotional. Many people feel that whatever has happened to derail an estate is the result of someone acting in a way that is selfish, greedy, or even criminal. Sometimes someone wants to stop abuse or fraud, or simply ensure the deceased’s wishes are carried out. Perhaps financial support from the estate is warranted and not received. Often, these types of issues need to be brought before the courts to be resolved.Contesting a Will without a Lawyer: The DIY guide for Canadians not only informs the reader of the types of lawsuits that touch on estates matters and what is involved in each to help with the decision of whether or not to sue over an estate dispute; it is also for those who decide to go ahead with a lawsuit on their own, to help them navigate paperwork and the court system.It answers questions such as:• What are the legal grounds for contesting a will?• What are the pros and cons of starting a lawsuit about a will?• What evidence will I need and how do I get it?• How long does it take?• Are there steps I should take before starting the lawsuit?• What forms do I need and how do I use them?• Do I need a lawyer or can I handle this myself?• Will the estate or the other side cover my costs?Author and lawyer Lynne Butler offers factual and straightforward explanations in this indispensable book for anyone considering estate litigation.The download kit contains:• Statement of Claim• Caveats• Checklists to help you on your way— And more!

Introduction xi1 The Why: Pros and Cons of Suing an Estate 11. Potential Upsides of Suing an Estate 11.1 Principles 11.2 Stopping abuse or fraud 21.3 Carrying out the wishes of the deceased 21.4 Financial support 21.5 Closure 22. Potential Downsides of Suing an Estate 22.1 Length of time 22.2 Cost 32.3 Stress on you and your immediate family 32.4 Damage to family relationships 42.5 A steep learning curve 42.6 There might be less than you think in the estate 43. What Is Your Motivation? 44. Conflicts of Interest 55. Deadlines for Starting Your Lawsuit 66. Before You Start a Lawsuit, Consider a Demand Letter 62 Grounds for Contesting a Will 91. The Three Basic Types of Estate Lawsuits 92. On What Grounds Can a Will Be Contested? 102.1 Undue influence 112.2 Lack of testamentary capacity 132.3 Lack of knowledge and approval 142.4 Forged or fraudulent will 16Contentsiv Contesting a Will without a Lawyer2.5 The will was not properly signed and witnessed 173. Curative Provisions in Legislation 183 Relief Claims 211. Who Is Entitled to Ask for Dependant’s Relief? 212. What Exactly Are You Suing For? 253. Ramifications for Individuals Receiving Disability Support from the Government 254. What Factors Affect the Outcome of a Dependant’s Relief Application? 264.1 Competing claims 264.2 Size of the estate 354.3 Other assets you received from the deceased on his or her death 364.4 Length of the marriage 364 Resulting Trust and Unjust Enrichment 371. Resulting Trust and Unjust Enrichment 371.1 Resulting trust element one: There must have been a specific promise made 381.2 Resulting trust element two: Something that a reasonable personwould believe 391.3 Resulting trust element three: You must have taken steps to your detrimentbecause of the promise 391.4 Resulting trust element four: The promise was not kept 402. What Happens to the Promised Asset when You Claim Resulting Trust? 403. Unjust Enrichment 413.1 Unjust enrichment element one: Someone received a benefit 423.2 Unjust enrichment element two: You suffered a loss that was connectedto his or her benefit 423.3 Unjust enrichment element three: There was no juristic reason for thebenefit to go to that beneficiary instead of you 425 Clarification or Rectification of a Will 451. Clarification of a Word, Phrase, or Term in a Will 451.1 Executors remain neutral and nobody is being sued 461.2 Different paperwork 461.3 Strict rules about outside evidence 462. Exceptions to the “Limited Extrinsic Evidence” Rules 482.1 Exception one 482.2 Exception two 48Contents v3. Rectification of a Will 483.1 What do I have to prove? 496 Ownership of Joint Assets 511. Joint Ownership 511.1 Does the jointly owned asset belong to the estate or the survivor? 522. The Executor’s Position 533. Undue Influence 544. The Evidence Needed 547 Chambers Applications 571. Our Court System 572. Removal of an Executor 593. What Happens If Nobody Can Agree on Anything? 604. What Do I Have to Prove? 615. Passing of Accounts 625.1 Who can apply to pass executors’ accounts? 636. Procedural Questions 647. Preliminary Matters before Trial 648 How to Get Your Lawsuit into Court 651. First Step: Statement of Claim 651.1 An exception to the rule: The Originating Notice 662. Interlocutory Applications 663. Filing a Caveat 674. What Forms Do I Need? 685. Where Exactly Do I Start My Lawsuit? 696. How Do I Serve Documents on Someone? 696.1 Personal service by you 706.2 Personal service by a process server 716.3 Registered mail 716.4 Sending it to the other party’s lawyer 716.5 Time limits for service 717. Affidavit of Service 728. Court Dates 738.1 Court dates for trials 73vi Contesting a Will without a Lawyer8.2 Court dates for interlocutory applications 749 Proving Your Case 751. What Is the Standard of Proof? 752. Who Has Burden of Proof? 763. Does It Matter If Probate Has Already Been Granted? 764. Whom Exactly Do I Have to Sue? 775. What’s a Frivolous or Vexatious Lawsuit? 786. What Evidence Will I Need and How Do I Get It? 787. “Best Evidence” Guidelines 798. Types of Evidence Commonly Used in Estate Litigation 808.1 Capacity assessments 808.2 Medical reports 818.3 Police reports 828.4 Lawyer’s file 828.5 Estate documents 8310 Preparing Affidavits 851. Different Kinds of Affidavits 851.1 Affidavit in support 851.2 Affidavit in response 861.3 Supplementary affidavit 861.4 Affidavit of execution 871.5 Affidavit of service 882. Who Can Make an Affidavit? 883. How Do I Write an Affidavit? 893.1 First person narrative 893.2 Firsthand/personal knowledge 893.3 Chronological order 903.4 Relevancy 903.5 Paragraphs 913.6 State the purpose 914. What Do I Do about Exhibits? 915. Once It’s Prepared, What Do I Do with It? 92Contents vii11 Preparing a Memorandum of Law and Argument 951. Legal Research to Support Your Case 952. Secondary Sources 953. Where Do I Find Secondary Sources? 964. What Is Precedent? 975. How Do I Know Which Cases Apply to Me? 986. Is There Anyone Who Can Help Me with Legal Research? 987. What Goes into the Memorandum of Law and Argument? 1018. What Format Do I Use? 1018.1 Introductory matters 1028.2 Background facts 1028.3 What has caused this matter to be in court 1028.4 Statements about why you think the other party is at fault 1038.5 Statements about how you are affected by the situation 1038.6 Request for relief 1049. Tips on How Your Memorandum of Law and Argument Should Look 10410. How to Include Statutes and Cases in Your Memorandum 10512 Cross-examination on Affidavits 1111. Why Cross-examine? 1112. When Are Cross-examinations Done? 1123. Where Are Cross-examinations Held? 1124. What Is the Procedure for a Cross-examination? 1135. Who May Do Cross-examinations? 1136. Who Can Be Cross-examined? 1137. What May I Ask? 1148. Preparing in Advance to Cross-examine a Witness 1159. What Goes into My Examination Book? 11510. What Is an Undertaking? 11711. How Do I Decide on My Questions? 11813 Costs 1211. Can I Get Legal Aid? 1212. Will the Other Side Cover My Costs? 1213. What If I’m the Executor? 122viii Contesting a Will without a Lawyer4. How and When Do I Ask for Costs? 1235. How Much of My Bill Is Covered If I Win Costs? 1236. How Do I Fill in a Bill of Costs? 1247. Can the Other Side Get Costs against Me? 12414 Alternatives to Court Battles 1271. Are There Alternatives to Fighting It out in Court? 1272. Demand Letter 1283. Negotiations 1284. Without Prejudice 1295. Mediation 129Checklist1 Is the Will Properly Executed? 192 To Whom Does the Jointly Owned Asset Actually Belong? 533 Beginning Your Lawsuit 73Samples1 Demand Letter 82 Affidavit in Support 933 Case Report 994 Memorandum Of Law and Argument 1075 Examination Book Page 116Tables1 Curative Provisions by Province 202 Who Has the Right to Claim Dependant’s Relief? 233 Assets That May or May Not Interfere with Receipt of Government Benefits 274 Caveat Expiry Times 685 Where to File Your Statement of Claim 706 Time Limits for Service 727 Bill of Costs 125