All About Estates

Tag: will challenge

Total 8 Posts

Meeting the Will Challenge Threshold

Today’s blog was written by Christina Papadopoulos, an articling student with de VRIES LITIGATION LLP. What is the minimum level of evidence to be met before a court allows a will challenge to proceed? The recent Ontario Superior Court of Justice decision in Naismith v. Clarke, 2019 ONSC 5280 (“Naismith”)…

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An Intriguing Will Challenge

In Koster v. Koster, the Deceased’s nieces and nephews challenged his last will on the grounds of undue influence. There is nothing unusual about a will challenge in these circumstances, the Deceased was a very wealthy man who changed his will in the twilight years of his life. What was…

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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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The Clock Ran Out On This Will Challenge

Limitations statutes can be unforgiving. One dairy farmer learned this lesson in Reid et al. v Reid; Reid v Reid et al., 2016 ONSC 2098, when his will challenge was dismissed for being commenced out of time. Barry and Robert are brothers. Their parents, Walter and Mary, operated a dairy…

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No Right to Compel a Will be Proven in Solemn Form

My colleague Gillian Fournie wrote a comprehensive post regarding the Court of Appeal for Ontario’s decision in Neuberger v. York, 2016 ONCA 191. Gillian focused on the Court’s decision that the equitable doctrine of estoppel could not be used as a defence to a will challenge. I thought it might…

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Rosa Parks’ Estate Tied Up in Litigation as Her Memorabilia Goes to Auction

Almost six years after her death, the estate of civil rights hero Rosa Parks is still being litigated. Court pleadings recently filed with the Michigan Supreme Court reveal details over the fight for control over her estate.

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Court of Appeal delivers pyrrhic victory on costs to appellant in Smith Estate; otherwise dismisses appeal

Last week, the Court of Appeal delivered its judgment in Smith v. Rotstein. The decision appealed from was a summary judgment under old Rule 20 dismissing Ms. Rotstein’s will challenge.

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Court of Appeal Affirms “Good Sense” of Excluding Evidence of Testator’s Intentions

Yesterday, the Ontario Court of Appeal released its decision in Robinson Estate. The decision acknowledged the trend in Canadian jurisprudence towards admitting extrinsic evidence of the testator’s circumstances and those surrounding the making of the will. However, the Court found that it was not open to the application judge to determine Blanca’s intention based on evidence from third parties about her testamentary intentions.

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