45 St. Clair Ave. West, Suite 600
Toronto, Ontario, M4V 1K9
Tel: (416) 925-7400

Expert’s Letter of Engagement is Critical

The importance of the letter of engagement provided by counsel to an expert retained to assess testamentary capacity retroactively cannot be overstated.

In a decision following a five day will challenge trial (Leonard v. Zychowicz, 2020 ONSC 662), Justice Sweeny found that the summary of facts provided to the expert by engaging counsel “was acknowledged to be created with advocacy in mind” and that “the summary of facts could be seen to taint the evidence” of the expert.

This in part led to the Court’s preference of the evidence of the other party’s expert and a dismissal of the will challenge.

Previous Post:
Next Post:
Click here or on top Blog logo to return to Blog front page.

Search Blog by Keyword(s)

Site Search

Site Map