NAVIGATING THE UNEXPECTED: MY SUMMER IN ESTATE LITIGATION AT CASEY AND MOSS LLP

Sep 12, 2024

When I first told friends, family, and even my hairdresser that I’d be spending my summer working in the field of Estate Litigation, the response was often a puzzled, “Why Estates?” In fact, some even threw in the casual “Have you considered corporate? They make so much money.”

My usual response was that I’m quite confident about my decision.

I really enjoyed Wills and Estates in law school, I did reasonably well in my Civil Procedure class, and I also had some personal experiences that sparked my interest in Estates Lit. Plus, as an avid fan of reality TV shows centered on family drama, how could I resist?

But, in reality, I was a bit anxious and unsure of what to expect – was it too early to jump into such a niche field of law? Was I really limiting myself, or conversely, was I biting off more than I could chew by working in an area that required such specific expertise?

Now, as the summer work term comes to an end, I’m happy to report that all these minor anxieties were based on misleading perceptions about what the field of Estates Lit was all about. Having spent nearly four months in this work, I am now even more confident in my decision to pursue it as a career.


For all my fellow anxious law students exploring career options, here’s why Estates Litigation is so awesome: 

1) It’s a Surprisingly Comprehensive Practice

There’s no denying that Estates Lit requires a specific set of skills and knowledge that can only be acquired through experience in the field. The practice of Estates Lit itself, however, is not nearly as niche as people may think. This summer taught me just how expansive and multifaceted this filed is, as our cases regularly drew on family law, tax law, real estate, and even some corporate/commercial law considerations.

In reading email exchanges on these files, I noticed that estates lawyers rarely handle purely estate issues, and that they must constantly consider how the matter at hand could impact other non-estates aspects of a client’s life. To really excel in Estates Lit, you will likely need to be familiar with (or at least have a well-established network of professionals in) various areas of law.

2) Quick Thinking and Creative Problem-Solving

What truly captivated me about Estate Litigation was the creativity and nuance required in its practice.

As I sat in on mediations, hearings, and even client calls, I watched and listened to lawyers think on their feet, sifting through a range of reasonable alternatives to find the best solution. Nine times out of ten, the lawyers had to manage delivering accurate legal advice under tight time constraints, all while navigating the emotionally charged atmosphere that often accompanies estates disputes.

At first, it was daunting to witness how effortlessly they managed these challenges, but as the summer progressed, I began to understand the skill and dedication that underpinned their success, discussed in point 3 below.

3) A Commitment to Growth and Learning

One of the most valuable lessons I learned this summer is that Estate Litigation is anything but

stagnant, and the skills required to excel in it are ever-evolving. The lawyers at our firm routinely committed to advancing their knowledge and skills, some by attending Ontario Bar Association seminars, others by engaging in lively LinkedIn discussions about the latest developments in the law, and many by continuing their education via specialized courses and certifications that enhanced their Estates Lit expertise.

This commitment to continual learning showed me that even the most experienced associates and partners in the field of estates remain students of the law—a key trait of the truly great practitioners.

 4) Making a Real Impact

Before this summer, I hadn’t fully grasped the profound impact that Estate Litigation can have on clients. Yes, all litigation can be costly and stressful, but Estate Litigation carries the added weight of emotional histories, close relationships, and family dynamics.

The disputes often revolve around items of significant sentimental value or deeply personal matters, making the stakes feel incredibly high. It was here that I saw the true power of this field: the ability to help clients navigate some of the challenging and emotionally fraught moments of their lives. The satisfaction of knowing that our work could bring resolution and peace of mind to these individuals was incredibly rewarding.

5) The People are Great!

When interviewing for this position, I was told that the Estates bar is known for being very friendly, and my summer experience truly was a true reflection of this statement. I recognize that what made my work so enjoyable wasn’t just the nature of the legal issues or the files, but rather the people I worked with and learned from.

No field of law exists in a vacuum – if you take a course in Tax Law, knowing you hate all things tax, but happen to be taught that course by a stellar professor, you may find yourself considering a career in tax. This may have been what happened in my case. I got to learn about Estates Lit from a team of colleagues who cared about mentorship and collegiality, which is how I found myself excited to come into work every day.

 

For all of these reasons, I absolutely cannot to return next summer to complete my articles at a great firm, in a great field of law.

 

Fara Seddigh

Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.

UNWILLING FOR A WILL? A CAUTIONARY TALE

Jul 2, 2024

The Denial

I still remember the day my mom got diagnosed with cancer. It was a beautiful summer morning, the sun was out and shining, but there was nothing joyful about the day ahead. As I watched the doctor give my mom the news, I began thinking a million different thoughts, but as you can imagine, not one of them was related to what would happen to my mom’s assets if she were to die.

The doctor walked my mom through the treatment options, but she also quickly glossed through (what I found to be) an unusual item on her agenda: asking whether my mom had a will. I recall finding this question incredibly strange, especially coming from a doctor, and my family and I felt rather upset that a will was even being brought up.

In hindsight, I recognize that a will was a necessary thing to bring up at the time, especially while my mom was still capable and in better health.

But at that point in my life, I was a young naive undergraduate student with zero knowledge about wills, other than the fact that I always associated them with the one thing I did not wish for my mom: death.

Writing a will, to me, was seen as a confirmation of what’s to come, and we did not want to spend any time planning for her death if we could be spending it with her instead.

So, I put off the topic of thinking about her will for as long as possible. My family did the same. With every moment we had kept denying and waiting, my mom lost more and more of her capacity and the ability to express her wishes or to make a valid will.

 

The Harsh Reality

Eventually, the day we feared came, and my mom passed away intestate (without a will).

While dealing with this great loss, I was also receiving calls asking for information such as who was overseeing my mom’s estate, whether she had a will, or who were the beneficiaries on her life insurance policies.

Everyone seemed to be asking for a bunch of documents, none of which I nor any member of my family knew how, where or when to obtain.

Finally, we realized that we can’t do this alone and require legal assistance.

 

Make A Will, even if You’re Not Willing

After talking to a few lawyers, I found out that all this confusion, fear, and anxiety could have been avoided if we were more proactive early on in getting my mom the resources she needed to sort out her affairs and express her wishes through a will.

Without her will, we were left in the dark about how to deal with or even access some of her assets and liabilities, and ultimately, we had no choice but to look into applying for probate (or a “Certificate of Appointment of Estate Trustee Without a Will”).

The main takeaway here is that there is a significant stigma around wills and estate planning, often seen as a morbid task rather than a responsible and caring act.

Overcoming this stigma is essential for ensuring that one’s wishes are honoured and that family members and friends are spared any unnecessary distress. Since working to overcome this stigma myself, I now understand that a will is not just something to think about when nearing death; it’s an important tool for planning out your wishes, and ensuring that your loved ones, nearest and dearest, are provided with the clarity and clear instructions that a will provides.

 

So, take it from an only child who was left dealing with the consequences of a deceased parent’s intestacy for months (and now years) after the loss: encourage your loved ones, or even yourself, to make a will when you are still able to do so, not because you are nearing death, but rather because you are protecting your wishes for when it comes.

 

Fara Seddigh

Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.