Estate Planning

The Limitations of a Notice of Contestation

By Hull & Hull LLP

Sections 44 and 45 of the Estates Act provide a summary procedure for the determination of claims and demands against estates.  Certainly in my experience, this procedure would appear to be relatively seldom used.  However, the possibly draconian effect of a Notice of Contestation is an important consideration for any solicitor asserting a claim against a client.

In Omiciuolo (Estate Trustee of) v. Pasco, the Court of Appeal considered whether a Notice of Contestation could be employed as a tactic for defeating a support claim made against an estate pursuant to the provisions of Part V of the Succession Law Reform Act.  The relevant sections of the Act provide that, where an estate trustee is served with a "claim or demand" aginst the estate, the claimant may be served with a notice of contestation in writing 

Full post as published by Toronto Estate Law Blog on September 10, 2008 (boomark / email).