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Posts Categorized: Will Challenges
24 ResultsAdding Parties And Dependant’s Support
Can individuals who may have an obligation to support a person making a dependant’s support claim against an estate be added as parties to the support claim? That was the question before the court in Brash v. Zyma. The short answer? Yes. In 2012, Charles Douglas Brash died. At the time of his death, he had…read more
Correcting a Mistake in a Will – What did the Testator Intend
Elizabeth Ann McLaughlin died at the ripe old age of 98. She was predeceased by her husband. Together they had six children, including Daniel. Daniel, as estate trustee, sought to rectify what he characterized as a solicitor’s mistake in his mother’s secondary will. For many years prior to her death, Mrs. McLaughlin had no relationship…read more
You Can’t Have It All: Hybrid Trials, Limited Discovery, and Modest Estates
Lorraine Coombs died on April 27, 2012, leaving an estate worth approximately $756,249.00. Her Last Will and Testament left her house and the residue of her estate to one of her four daughters, Susan Coombs (“Susan”). Two of her other daughters, Diane Fergueson (“Diane”) and Charlene Coombs (“Charlene”), each received $60,000 and another daughter, Donna…read more
A Wedding, A Will Signing, and a Witness
In Zerbinati v. Zerbinati 2013 CanLII 86428 (ON SC), the respondents to an application for the determination of the validity of the last will and testament of Valentino Mario Zerbinati (“Valentino”) brought a motion for “non-suit” on the grounds that the formal validity of Valentino’s Will had not been established. The applicants were the testator’s son, Valentino…read more