Estate Litigation Glossary

People and roles.

<strong>Beneficiary:</strong> A person or organization entitled to receive a benefit under a will, trust or other arrangement.

<strong>Estate trustee:</strong> The person legally responsible for administering the estate. Depending on the circumstances, the person may have been named in a will or appointed through the court process.

<strong>Executor:</strong> A traditional term for a person named in a will to administer the estate. Ontario court forms generally use “estate trustee.”

<strong>Administrator:</strong> A term commonly used for a person appointed to administer an estate where there is no executor able to act or no will.

<strong>Fiduciary:</strong> A person who must exercise powers for proper purposes and in the interests required by the legal relationship, such as an estate trustee or trustee.

Documents and court authority.

<strong>Will:</strong> A testamentary document directing how property is to be dealt with on death and often naming the person intended to administer the estate.

<strong>Codicil:</strong> A testamentary document that amends or supplements a will.

<strong>Certificate of Appointment of Estate Trustee:</strong> A court-issued certificate confirming authority to administer an estate after a successful application.

<strong>Notice of Objection:</strong> A procedural step that may be used to oppose issuance of an estate certificate in appropriate circumstances.

Property and administration.

<strong>Estate:</strong> Broadly, the property, rights, debts and obligations that must be dealt with after death, subject to the legal character of particular assets.

<strong>Estate Administration Tax:</strong> Ontario tax that may be payable when an estate certificate is issued, subject to the current statutory rules.

<strong>Passing of accounts:</strong> A court process for review and approval of accounts maintained by an estate trustee or other fiduciary.

<strong>Distribution:</strong> Payment or transfer of estate property to the people entitled to receive it after debts, taxes, expenses and appropriate holdbacks are addressed.

Common estate litigation concepts.

<strong>Testamentary capacity:</strong> The legal capacity required to make a valid will. The analysis is fact-specific and can involve medical, factual and legal evidence.

<strong>Undue influence:</strong> Improper influence that overcomes a person’s independent decision-making in circumstances recognized by law.

<strong>Dependant support claim:</strong> A claim under Ontario’s Succession Law Reform Act seeking adequate support from an estate where statutory requirements are met.

<strong>Will interpretation:</strong> A dispute about the legal meaning and effect of language used in a will.

Procedure and resolution.

<strong>Application:</strong> A form of court proceeding often used where the dispute can be determined on an evidentiary record without the same process as a full action, subject to the governing rules.

<strong>Action:</strong> A civil proceeding commenced by statement of claim and defended through pleadings and the litigation process.

<strong>Mediation:</strong> A confidential settlement process in which a neutral mediator assists parties in exploring resolution.

<strong>Costs:</strong> Court-ordered amounts that may require one party to contribute to another party’s legal costs. Estate litigation does not automatically mean the estate pays everyone.

Use definitions as a starting point, not legal advice.

The legal meaning of a term can depend on the statute, court rule, document and factual context in which it appears. This glossary is designed to make discussions easier, not replace advice about a specific estate.

If a term in a will, court document or estate account affects your rights, review the actual document rather than relying on a general definition.

Additional terms involving capacity and representation.

<strong>Attorney for property:</strong> A person authorized under a power of attorney to make property decisions while the grantor is alive, subject to the document and applicable law.

<strong>Litigation guardian:</strong> A person who conducts litigation on behalf of a party who is under disability for the purposes of the court rules.

<strong>Capacity:</strong> A legal concept that can vary with the decision or document involved. Testamentary capacity is assessed under principles specific to making a will.

<strong>Undue influence:</strong> A doctrine concerned with whether another person improperly overbore the will-maker’s independent decision-making in the circumstances recognized by law.

Additional terms involving court orders and remedies.

<strong>Directions:</strong> Orders or guidance sought from the court about administration or procedural issues where a fiduciary or party requires legal resolution.

<strong>Interim order:</strong> An order made before final determination to address an issue that cannot appropriately wait.

<strong>Consent order:</strong> A court order made on terms agreed by the parties and approved by the court where required.

<strong>Release:</strong> A contractual document by which rights or claims are given up on stated terms, commonly used to finalize settlements.