This is the fifth article covering a series of recent CPD programs by the OBA Trusts and Estates Section relating to Will challenges. In the fifth session, the panel covered how lawyers can best conduct a Will challenge trial, from preparing witnesses, strategizing for examination in chief and cross-examination, and crafting effective opening and closing statements.
Going to Trial is Rare
The panel first explained that trials in this context are not the norm. In Ontario, the estates bar is small, specialized, experienced, and collegial, which makes mediation effective and trials very rare. If a matter does proceed to trial, counsel should understand how to manage their client’s emotions effectively. The trial is not designed to heal family rifts. Tensions run high, and counsel need to ensure they do not exacerbate this already difficult situation.
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