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Estate Law Lunch and Learn

October 16, 2018

12:00 p.m. - 1:00 p.m.

Borden Ladner Gervais LLP
World Exchange Plaza 100 Queen St, Suite 1300 Ottawa, ON, Canada K1P 1J9

Pre-death Will Litigation: Can you challenge a will if the living testator is incapable?

You are invited to join us for the second session in our fall lunch and learn series.

As everyone learns in first year law school, a beneficiary has no enforceable right under the will of a living person. Until the testator dies, a beneficiary has nothing more than a spes successionis. It follows that beneficiaries can generally not litigate issues arising under the will of a living person. Nonetheless, a number of recent court decisions have shown an increasing willingness to entertain pre-death will litigation issues.

This presentation will examine recent developments in this area of case law, and attempt to clarify the circumstances in which it will be appropriate to litigate issues under the will of a living testator.


Calvin Hancock, BLG

Kathleen McDormand, BLG

If you have any questions about this event, please contact us at [email protected].

This seminar is also offered by WebEx. Please RSVP to select an attendance option.

Key Contacts