Estate Litigation

Total 415 Posts

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

• • 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….

A Refresher: Knowledge and Approval and its Connection to Suspicious Circumstances Continue Reading »

Contested wills, Estate Litigation

General Revocation Clause in Will was Insufficient to Revoke Beneficiary Designations

• • 0 Comments

In Alger v. Crumb, the Ontario Court of Appeal confirmed that a general revocation clause in a will did not revoke the testator’s TFSA and RRIF beneficiary designations. The Court concluded that under s. 51 and s. 52 of the Succession Law Reform Act (“SLRA”), the beneficiary designations have to be expressly referenced in a revocation clause and dismissed the appeal. Background The testator was survived by her four children.  Her four….

General Revocation Clause in Will was Insufficient to Revoke Beneficiary Designations Continue Reading »

Estate Litigation

Adding New Parties to An Existing Litigation?

• • 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….

Adding New Parties to An Existing Litigation? Continue Reading »

Contested wills, Estate Litigation, Trustee Disputes, Uncategorized

The Vexatious Litigant

• • 0 Comments

Litigation can be ugly. Litigation where family is involved, as is often the case in estate litigation, can bring out the worst in people. According to the court, the worst of himself is what one of the respondents brought in the recent case of Colbert v. Colbert et al, 2023 ONSC 811 (“Colbert”) going so far as to declare the respondent in question a ‘vexatious litigant’. The term ‘vexatious litigant’….

The Vexatious Litigant Continue Reading »

Estate Litigation

When Will a Court Reconsider Its Decision?

• • 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…..

When Will a Court Reconsider Its Decision? Continue Reading »

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