Contested wills

Total 114 Posts

Frivolous Notices of Objection Can be Struck Out

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Counsel faced with responding to frivolous objections to an application for a certificate of appointment of estate trustee may wish to consider rule 25.11 of the Rules of Civil Procedure. Rule 25.11 allows the court to strike out (all or part of) a pleading, without leave to amend, on the ground that the pleading is scandalous, frivolous or vexatious. In Dessisa and Wolde v Demisie the Applicants, Dessisa and Wolde,….

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Contested wills, Costs, Courts, Credibility, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Guardianship, Joint Tenancy, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Separation, Testamentary Capacity, Undue influence, Wills

Accommodating Beneficiaries of a Will With Differing Gender Identities

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The symbol for people who identify as non-binary.

Accommodating Beneficiaries With Differing Gender Identities Our society is becoming increasingly attuned to accommodating the needs of people who have various gender identities, whether such people are transgender, queer, or do not identify as one specific gender. For example, Ontario announced a few years ago that its residents can use an “X” under the “Sex” indicator on provincial government identification to signify that they identify as transgender, non-binary, and/or two-spirited,….

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Contested wills, Dependant Support, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Wills

Master the ETDL Appointment

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Estate Trustees During Litigation are appointed in a wide variety of situations where a neutral party is needed to administer and preserve the estate assets. The bar for their appointment is lower than to remove an estate trustee…..

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Wills

The Risky Business of Updating your Will in the Time of COVID-19

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This blog was written by Paula Lester – Estate and Trust Consultant with Scotia Wealth Management It’s the irony of today’s situation: more and more individuals are turning their minds to their estate plans in light of our current pandemic, but getting new Wills drafted and executed right now has become an increasingly difficult endeavour. As a result, we find ourselves trying to get Wills drafted and signed under unideal….

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Contested wills, Estate Planning, Uncategorized, Wills

Delusions and Capacity

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 This Blog was written by Emily Racine, Estate and Trust Consultant with Scotia Wealth Management We all know how important it is to have a valid will. Part of that validity stems from ensuring that the testator was capable and of sound mind when he or she signed the will.  This test can become tricky, however, if the testator is suffering from delusions or hallucinations. While it seems instinctually clear….

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Capacity Law, Contested wills, Uncategorized, Wills

A Taxing Decision for Estate Planners

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This Blog was written by Mélina Konzak, Estate and Trust Consultant, Scotiatrust  Like most new case law delivered right before the holiday season, the decision rendered by the Superior Court judgment of The Estate of Caron v. Malenfant appeared at first to be swept under the rug. However being the controversial decision it has revealed itself to be, once published in Québec’s leading law journal (l’Express SOQUIJ) in early February, the….

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Contested wills, Estate Planning, In the News, Uncategorized, Wills
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