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Posts By: Ronald Neal
14 ResultsBut Everything’s Depending on the Way the Wind May Blow [1]
Can an estate trustee move to strike a beneficiary’s Notice of Objection to Accounts in the face of their Application to Pass Accounts, based on any of the Limitations Act, 2002, and/or laches and acquiescence? This was the discreet, though important, issue considered by the Ontario Superior Court of Justice in Wall Estate, 2018 ONSC…read more
The Utility (or lack thereof) of Extrinsic Evidence when Interpreting a Will
Can one rely on extrinsic evidence (i.e. evidence that relates to a will but is not contained in it) to establish the intentions of a testator? This was a question recently considered by the Ontario Superior Court of Justice in Campbell v. Evert [1]. Background Dr. Ewert had two children, Monica and Peter. Dr. Ewert…read more
The Claim Not Taken.
The Ontario Court of Appeal’s reasoning in Bennett v. Bennett Estate[1] is illustrative of the fact that if one is faced with two means of advancing a claim (whether they diverge in a yellow wood or not is not important here), one must be careful when deciding which claim to make. Moreover, the claim must…read more
I Hate to be a Suspicious Aloysius on You – but Did the Deceased Have Testamentary Capacity?
A recent Ontario Court of Appeal decision (Stekar v. Wilcox[1]) reinforces what is required to prove well-established grounds for challenging a will: suspicious circumstance and testamentary capacity. Background Jerald P. McNamara (the “Deceased”) died on June 18, 2012. His friend of over 40 years, Thomas, stood to inherit his entire estate under the terms of…read more