This Lunch and Learn seminar will be the first part to a comprehensive introduction to the Notice of Objection: what they are, how they work, and how to defend against one.
A Notice of Objection essentially notifies the Court that the validity of a Will is in question. It may be brought at any time prior to a Certificate of Appointment being issued by any person with a financial interest in an estate. It stops the Court from issuing a Certificate of Appointment until the Objection is resolved, and prevents the Estate’s assets from being distributed (with some exceptions).
A Notice of Objection must contain the reasons for the objection. Timing is crucial: the Notice of Objection will not be filed if a Certificate of Appointment has already been issued, meaning that any would-be Will challenger may need to resort to a costly motion to seek the return and/or revocation of a Certificate of Appointment, and to potentially freeze or claw back estate assets.
If an objector cannot establish a “minimum evidentiary threshold” supporting the merits of the objection, or if the propounder of the Will successfully answers the challenge, then the Notice of Objection can be ordered to be struck.
- Dangers of delay
- Executor’s actions not impacted by filing of notice of objection
- Strategy in dealing with bogus claims