Contested wills – Page 5 – All About Estates

A Refresher: Knowledge and Approval and its Connection to Suspicious Circumstances

Karen Watters • April 5, 2023 • 0 Comments

A testator must have knowledge and approved of the contents of her will. This is one of the requisite elements for proving a will in a solemn form. Knowledge and approval, and its closely related cousin of due execution, is generally viewed as an easier test to meet compared with testamentary capacity. But knowledge and approval may be difficult to establish where suspicious circumstances exists. Ordinarily if certain conditions are….

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Don’t be Vexed Over Security for Costs of an Appeal

Gillian Fournie • March 15, 2023 • 0 Comments

Security for costs is designed to ensure that a defendant to an action or a respondent to an application does not have to incur the expense of a fulsome defence without the possibility of recovering a portion of her costs against the plaintiff/applicant…..

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Appeals, Contested wills, Costs, Estate Litigation

Adding New Parties to An Existing Litigation?

Tyler Lin • March 1, 2023 • 0 Comments

Joinder In the world of estate law, litigation is often unavoidable. Sometimes, facts and players will emerge after the initial pleadings stage, i.e., after litigation has already begun. In that case, a notice of application or statement of claim must be amended to add further respondents who are not already part of the litigation. This addition of new parties is also called “joinder”. Joinder is addressed under Rule 26.01 and….

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Contested wills, Estate Litigation, Trustee Disputes, Uncategorized

When Will a Court Reconsider Its Decision?

Gillian Fournie • February 8, 2023 • 0 Comments

Judges cannot reconsider their decision – once an order is issued, the judge’s job (and jurisdiction to hear further arguments) is done. In very limited cases, a party may ask the court to reconsider after the decision is released but before a formal order is taken out. However, the test to meet is high…..

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Appeals, Capacity Law, Contested wills, Courts, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Family Conflict, Wills

Gotta Catch ‘Em All: Pokémon Cards and Personalty Clauses

Demetre Vasilounis • February 3, 2023 • 0 Comments

Just under six years ago, I bought a Pokémon Trading Card Game (TCG) Venusaur Ex Red and Blue Collection Box. I was feeling stressed about studying for my law school exams and, being a massive Pokémon fan, I went for a walk to my local hobby store and decided to engage in some retail therapy. For those of you who are not TCG players, it’s hard to explain the wonderful….

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Contested wills, Estate Litigation, Estate Planning, Succession Planning, Wills

Costs where Will Challenge was Not Frivolous

Karen Watters • January 11, 2023 • 0 Comments

On December 21, 2022, the Court of Appeal released its decision in Di Nunzio v Di Nunzio, 2022 ONCA 889 (CanLII) (“Di Nunzio”). The testator’s daughter appealed the lower court’s decision dismissing the challenge to her mother’s will (Di Nunzio v. Di Nunzio, 2021 ONSC 6689 (CanLII)). The daughter appealed the dismissal of her will challenge and sought leave to appeal the $111,395.45 costs award against her. The appellate court….

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Contested wills, Costs