In Mansour v. Girgis, the court was asked to interpret the Deceased’s will and if the will was found to be ambiguous, to rectify a drafting error. The Deceased died in 2012. He never married and never had children. At the time of his death, he was survived by two siblings who he made provisions for in his testamentary documents. He also left the residue of his estate to Bishop….
Court Rectifies Ambiguous Will Continue Reading »
Estate LitigationYesterday, 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. ….
Not a happy day for respondent beneficiaries where a rectification application they opposed was granted and the court then ordered that they pay the costs of the applicant personally. Estate litigation is no cake walk…..
Choose your Estate Battles Carefully Continue Reading »
Estate Litigation, WillsWhere the language of the Will is unequivocal and approved by the testator, a court will refuse to rectify a will to match the testator’s true intentions…..
Rectifying a Will based on a Testator’s True Intentions Continue Reading »
Contested wills, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Wills