Contested wills

Total 114 Posts

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

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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 the plaintiff’s claim. In fact, the evidence showed that, if there was undue influence, it may have been on the….

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Contested wills, Estate Litigation, Undue influence

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

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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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Contested wills, Estate Litigation, Estate Planning, Family Conflict, Trustee Disputes

Deceased’s Will So Hateful it is Suspicious

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When WW finally received a copy of her father’s will, after more than a year of chasing her father’s second wife to produce it, she read these words: I have equally considered my two children and leave them absolutely nothing. [WW] is entirely without morality and who ‘did not know’ if she could tell the truth in a Court. She is less a person than her mother. G-d help anyone….

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Contested wills, Estate Litigation, Family Conflict, Testamentary Capacity, Undue influence, Wills

The Clock Ran Out On This Will Challenge

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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 farm which was held by a family corporation (the parents each held 46.5% of the shares; the children each held….

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Contested wills, Estate Litigation, Executors, Family Conflict, Trustee, Wills

No Right to Compel a Will be Proven in Solemn Form

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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 be helpful to expand upon the Court’s other finding in obiter dicta: that there is no automatic right for a….

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Contested wills, Estate Administration and Probate Applications, Estate Litigation, Testamentary Capacity, Undue influence, Wills

Challenging Will Challenges – Can they be estopped?

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Will challenges are the cornerstone of estate litigation; indeed, they define the practice area. The reasons for launching a will challenge are relatively fixed: lack of testamentary capacity and undue influence being the most common. Another way of challenging a will is to have it “proved in solemn form.” By seeking to have a will “proved,” the propounder of the will, usually the estate trustee, must demonstrate to the court….

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Contested wills, Estate Administration and Probate Applications, Estate Litigation, Executors, In the News, Wills
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