Contested wills

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Testamentary Fraud

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Undue influence, a common claim to be heard in the context of will challenges, occurs when a testator is forced or coerced into changing his or her will or creating a new one in favour of the coercing party. A closely related concept is testamentary fraud. Although testamentary fraud does not involve direct coercion, legal scholars consider it to be a subset of undue influence. Like ‘regular’ undue influence, the….

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Contested wills, Estate Litigation, Undue influence

Can solicitor-client privilege protect estate trustees from claims brought by beneficiaries?

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Today’s Blog was written by Mohena Singh, Associate at Fasken LLP. As estate planners, we are regularly engaged by individuals who are acting as estate trustees. This role can often be a long endeavour as it could take several years to administer an estate. During an administration, estate trustees are entrusted to make important decisions, including how to invest estate funds and making distributions to beneficiaries. Sometimes a beneficiary may….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Executors, Uncategorized

Analysis of Undue Influence is Case Specific

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The applicant in Roe v. Roe, 2022 ONSC 5821 (CanLII), was not successful in setting aside his mom’s will on the basis of undue influence and “insane delusions”.  He was the only son (of four) who was disinherited in his mom’s will.  This was a departure from the mom’s previous will which treated her four sons equally.  The applicant argued that his mom had been unduly influenced by his brother,….

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Capacity Law, Contested wills

Will Challenges and Limitation Periods: Court of Appeal Weighs In

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The question of whether will challenges fall under the standard two-year limitation period has long been a topic of consideration in lower courts[1]. Does the limitation clock start ticking at the date of death, upon discovering the existence of another will, or when there is knowledge of both the existence and content of another will? The Court of Appeal has finally spoken on the issue … well, sort of…..

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Appeals, Contested wills, Estate Litigation, Executors, Family Conflict, Limitation periods, Wills

Videos and Wills: Helpful or Harmful?

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Pictured: A screen grab from the music video for “Only Acting” by Kero Kero Bonito. It’s one of my favourite songs. It’s not quite about video wills, but it does show off some of the challenges of recording oneself. What are Video Wills? Some practitioners have floated the idea of a “video will” as the next way in which technology will impact the world of trusts and estates. A “video….

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Capacity Law, Contested wills, Elder Law, Estate Planning, Family Conflict, Practice Management, Testamentary Capacity, Wills

Father Time: A Limitation Period Refresher

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As the holiday season is upon us and the new year approaches, many of us are thinking about time. For those in the litigation world, time, and more specifically, limitation periods, should always be top of mind. This blog serves as a refresher for some of the limitation periods that apply to different estate-related issues. Basic Limitation Period It is well known that generally, a proceeding shall not be commenced….

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Contested wills, Courts, Dependant Support, Estate Litigation, Limitation periods, Uncategorized, Wills
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