Contested wills

Total 114 Posts

Testamentary Capacity Does Not Require Perfection: Brockbank v Parkinson

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Days before the February 2022 Russian invasion in Ukraine, Darcy Brockbank (“Darcy” or the “Estate”, respectively) travelled to Kiev. On February 25, 2022, Darcy died unexpectedly from a heart attack. He was survived by his mother, Josephine Brockbank (“Josephine”), and two brothers: Joel Brockbank (“Joel”) and Stuart Brockbank (“Stuart”). On May 24, 2023, Joel received a certificate of appointment of estate trustee without a will. Approximately one year later, the….

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Capacity Law, Contested wills, Testamentary Capacity

Review or Update Your Will Every Few Years—Your Beneficiaries Will Thank You

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This blog has been written by JOSEPH STONEHOUSE, litigation associate at Fasken LLP (Toronto) In a recent decision, Justice Myers of the Superior Court of Justice dismissed claims by beneficiaries under a will against the drafter because those claims were brought more than 15 years after the defendant drafted the will. The court determined that, despite the perceived unfairness, the legislative intent behind the Limitations Act necessitated striking the plaintiffs’ claims…..

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Limitation periods, Succession Planning, Wills

Balancing the Indian Act and Formal Will Requirements: Bayliss v. Burnham

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The recent decision in Bayliss v. Burnham, 2025 ONSC 5376 provides insight into how estate issues involving the Indian Act (the “Act”) are resolved. Kenneth Ryan Hill (“Kenneth” or the “Estate”) passed away from natural causes on January 18, 2021 in Miami, Florida. Kenneth was a status Indian registered under the Act, a permanent resident of the Six Nations of the Grand River Reserve and a member of the Mohawk….

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Contested wills, Uncategorized

When One Clause or Designation Derails an Estate Plan

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Scotiatrust

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust Recent decisions from the British Columbia Court of Appeal have underscored how fragile an estate plan can become when a Will is ambiguous, or when life insurance and beneficiary designations conflict with the testator’s broader intentions. These cases remind us that estate planning isn’t just about having a Will, it’s about making sure the pieces are consistent, coherent, and….

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Appeals, Contested wills, Courts, Estate Litigation, Insurance, Wills

AI Generated Wills: Can Courts Fix a Robot’s Mistake?

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scotiatrust

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust   AI has started writing Wills. That might sound futuristic, but it’s already happening. Generative tools can churn out documents that look polished, formatted, and ready to sign. But what happens when those words don’t match what the person actually intended? Can a court fix an AI-generated Will the way it might fix a solicitor’s drafting error?   Think….

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Contested wills, Estate Planning

A Selfie Isn’t a Will: The Problem with Video “Wills”

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scotiatrust

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust   This summer, the Montana Supreme Court had to weigh in on a modern question: can a selfie video serve as a person’s last Will? The short answer was no. In a case that made headlines, the court rejected a man’s video-recorded “selfie Will.” Even though he clearly expressed that he wanted his brother to inherit everything, the court ruled….

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Contested wills, Estate Planning, Wills
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