All About Estates

Category: Contested wills

Total 32 Posts

My Summer Vacation

One of my favorite routines on my annual summer vacation is to read the local news. Regular readers of this Blog may not be surprised that the story which caught my eye this summer was about an Estate.   Richard M. Grant, a life-long farmer, known as the “The Corn King”…

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Curtailing Frivolous Will Challenges

In Seepa v. Seepa, the court called for a “culture shift” away from boiler plate, consent orders for directions, which are routinely granted in will challenges on the Toronto Estates List. Instead, the court will assess the quality of the allegations made by the applicant will challenger to make out “a minimal…

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Lost Wills – More Complicated than Losing Your Keys

Nobody is perfect – sometimes you lose your keys. Other times you lose your will. The problem is, by the time your estate trustee realizes the will is gone, you won’t be around to help look for it. The inability to find a testator’s will does not automatically result in…

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Issue Estoppel – Stopping a Second Kick at the Can

The discovery of holographic wills always send up red flags to estates litigators, especially when the holographic will is a dramatic departure from the prior distribution of the estate. While questions of fraud immediately come to mind, there may also be a limitations problem if the holographic will is found…

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Will Challenges and the Well – Acquainted Lawyer

Today’s blog was written by Jenna Ward, Articling Student, Fasken Martineau DuMoulin. A recent case of the Court of Appeal for Saskatchewan has emphasized the significance of first, the relationship between a testator and his or her lawyer and second, the experience and tenure of such lawyer in assessing testamentary…

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Videographers Beware

Occasionally, those hoping to demonstrate the capacity of a testator will film a video of the testator purporting to show that they were cognitively intact or that the will was a reflection of their independent and capable wishes. Unfortunately, the naïve interviewer makes the mistake of confusing the preservation of social graces…

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Personal Gains or Going Dutch

The term “predatory marriage” refers to a marriage entered into for the purpose of exploitation, personal gain or profit

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Court of Appeal Confirms New Approach to Costs in Estate Litigation

In a recent court of appeal decision, the court upheld the trial judge’s costs award and reiterated the deference allotted to trial judges when exercising discretion to fix costs. In Prelorentzos v. Havaris, the court dismissed the appellant’s appeal.  At trial, the appellant was found to be the deceased’s common…

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Challenging a loved one’s Will? You’re gonna need evidence

The recent decision in Taylor-Reid v Taylor may seem to be the typical case of an adult child claiming that, ‘dad’s new wife unduly influenced him to cut me out of his Will’, but, on a summary judgment motion, the court found that there was absolutely no evidence to substantiate…

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Estate Trustee During Litigation – A Refresher from the STEP 2016 National Conference

The reality is, with the impending transfer of one of the largest amounts of wealth in our history from one generation to the next, we are likely to see a continued up-tick in estate litigation. Along with that there will be the increased need for a neutral party to preserve the assets of the estate during the course of such litigation.

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