Estate Litigation

Total 418 Posts

The Cost of Winning, Sort of….

• • 0 Comments

In my practice, I have been engaged on valuation matters which, on occasion despite the efforts of all those involved, go to trial to have a trial judge settle for the parties. Most trials are expensive and the actual outcome is not always certain, no matter how strong one side of the matter or case might be. It has been my experience that even if one happens to be on….

The Cost of Winning, Sort of…. Continue Reading »

Costs, Estate Administration, Estate Litigation, Executors, Joint Tenancy, Property, Uncategorized, Undue influence, Wills

An Intriguing Will Challenge

• • 0 Comments

In Koster v. Koster, the Deceased’s nieces and nephews challenged his last will on the grounds of undue influence. There is nothing unusual about a will challenge in these circumstances, the Deceased was a very wealthy man who changed his will in the twilight years of his life. What was unusual is that the nieces and nephews benefit under the Deceased’s last will that they are challenging. If they are….

An Intriguing Will Challenge Continue Reading »

Estate Litigation, Undue influence

Chapter Two in the Family Farm Saga

• • 0 Comments

The case of John the Farmer (which I had previously blogged about) is now under appeal. John  is seeking to overturn the ruling that he had to vacate the family farm so it could be sold on the open market. A judge rejected John’s request to stay the lower court’s order until the Court of Appeal could weigh in. The Court of Appeal will hear this matter on July 20,….

Chapter Two in the Family Farm Saga Continue Reading »

Estate Litigation

Privacy, the Rule of Law, and Apotex Inc.

• • 0 Comments

The “rule of law” is a defining feature of western democracies. Briefly described, it is the insistence that all government action be based in law, and is contrasted with acts of tyranny, dictatorship, and arbitrary exercises of power. The central role that the rule of law plays in Canadian society is most clearly seen in the one-sentence preamble to the Constitution Act, 1982: “Whereas Canada is founded upon principles that….

Privacy, the Rule of Law, and Apotex Inc. Continue Reading »

Capacity Law, Estate Litigation, Family Conflict, Guardianship, In the News, Interest

Will Challengers Beware!

• • 0 Comments

In Seguin v. Pearson, 2018 ONCA 355, the Court of Appeal for Ontario dismissed the appeal of Carol-Anne Seguin from the lower court’s dismissal of her action to invalidate the two most recent wills of her late father, Robert Geddes Paterson (the “deceased”), despite the trial judge’s error in applying the test for undue influence.  Facts: Ms. Seguin and her sisters were the children of the deceased, who died in….

Will Challengers Beware! Continue Reading »

Estate Litigation, Undue influence

More than a Suspicion: The Minimal Evidentiary Threshold

• • 0 Comments

A recent Ontario decision, Martin v. Martin [1], considered the minimal evidentiary threshold required to obtain documentary discovery in a will challenge as set out in Seepa v. Seepa.  For further background on Seepa, read Rebecca Studin’s previous blog post on that decision. In Martin, the Applicant (the named Estate Trustee) sought an order removing the Notice of Objection of the Respondent, his sister, to his appointment as Estate Trustee….

More than a Suspicion: The Minimal Evidentiary Threshold Continue Reading »

Estate Litigation, Testamentary Capacity, Wills
Scroll to Top