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This issue was recently considered by the Court in Re Pregent Estate, 2025 ONSC 7208 (CanLII). Roberta Anne Pregent died on February 8, 2024 in Kingston, Ontario. She left a last will and testament dated April 12, 1973, executed in Quebec, where she resided at the time. The will attached a handwritten “amendment” dated February 10, 1998, “to reflect the present situation”, signed in Ontario. Ms. Pregent’s daughter applied to….

In Ontario, a person who seeks to challenge the validity of a will is required to meet a “minimum evidentiary threshold.” This threshold exists to prevent estates from becoming embroiled in years of expensive litigation over the thinnest of allegations. The minimum evidentiary threshold was recently addressed in Cissek v Laszlo, 2025 ONSC 7264 (“Cissek”). In Cissek, the applicant sought to challenge the validity of the last will and testament….

A notice of application marks the beginning of estate litigation proceedings. The notice of application provides an overview and outlines the precise relief sought, the grounds to be argued (including any statutory provisions or rules to be relied on) and the evidence to be relied on at the hearing of the application. As the grounds and relief sought in an application are often captured by numerous statutory authorities, a notice….