Contested wills

Total 114 Posts

Disclosure of Medical Records: Privacy Matters

• • 0 Comments

In Gilbert v. Girouard, 2023 ONSC 4445, a brother and sister brought a challenge to their father’s wills. The siblings alleged that their third sibling, who was named as estate trustee, exerted undue influence over their father. They also alleged that their father lacked testamentary capacity at the time of signing the wills. In order to gather the necessary evidence to support their claim, the siblings brought a motion to….

Disclosure of Medical Records: Privacy Matters Continue Reading »

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

Failure to plan can leave minor children in “Another World”: Considerations for the Anne Heche estate

• • 0 Comments

Today’s blog is written by Latoya Brown, Articling Student at Fasken LLP. The tragic death of soap opera actress of “Another World” Anne Heche, was an unexpected loss for her fans and family. She succumbed to her injuries on August 11, 2022, a week following a car accident that left her in critical condition. Heche died, leaving behind her two sons, 20 year old Homer Laffoon, 13 year old Atlas….

Failure to plan can leave minor children in “Another World”: Considerations for the Anne Heche estate Continue Reading »

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

Seeking disclosure of a lawyer’s file to prove substantial compliance

• • 0 Comments

White v. White, 2023 ONSC 3740 A recent case heard before Justice Myers of the Toronto Estates List provides an interesting discussion of orders for the production of a will-drafting solicitor’s file, and shows the limits on such orders being sought under Ontario’s move to ‘substantial compliance’, which occurred in January of 2022. In this case, the Applicant sought an order for the production of the file of the drafting….

Seeking disclosure of a lawyer’s file to prove substantial compliance Continue Reading »

Contested wills, Estate Litigation, Executors, Wills

Ontario Courts determine what constitutes a valid will

• • 0 Comments

This blog has been written by Mohena Singh, Associate at Fasken LLP In Ontario, there have always been strict and specific guidelines as to what makes a will a testamentary document. The Succession Law Reform Act, R.S.O. 1990, c. S.26 (the “SLRA”) states that a will is valid only if it is in writing and it is signed by the testator and two witnesses, who do not benefit under the….

Ontario Courts determine what constitutes a valid will Continue Reading »

Contested wills, Estate Planning, Wills

The Life and Legacy of Gina Lollobrigida – An Estates Perspective

• • 0 Comments

Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. Italian cinema legend Gina Lollobrigida passed away at the age of 95 in January 2023.  Known by fans as ‘La Lollo’, she starred in over 60 films which included the likes of Frank Sinatra and Sean Connery. Gina’s legacy includes a past fraught with disputes considered to be some of the most common and ‘classic’ wills and….

The Life and Legacy of Gina Lollobrigida – An Estates Perspective Continue Reading »

Capacity Law, Contested wills, Elder Care, Elder Law, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Family Conflict, International, Testamentary Capacity, Undue influence, Wills

Facts, Mistakes, and Probate

• • 0 Comments

Today’s blog was written by Christopher Cook, Student-At-Law at de VRIES LITIGATION LLP In some common law jurisdictions, there exists a fascinating (but rarely applied) legal doctrine called “patent mistake.” This doctrine applies in the context of applications for probate. When asked to probate a will, the court’s task is to determine whether the will in question really is the deceased’s last will and testament. Naturally, this inquiry requires the….

Facts, Mistakes, and Probate Continue Reading »

Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Fiduciary Professions, Succession Planning, Wills
Scroll to Top