Legal Papers
Papers Topic: Will Challenges
10 PapersRecent Estate Cases that made a Difference and Why you Should Care
2016 saw the release of numerous interesting and important estates and trusts decisions. Justin de Vries and Joanna Lindenberg have summarized the top cases from the year and explained their impact on estates and trusts law. Starting with a discussion of the Court of Appeal decision in Spence v. BMO Trust Company, this paper also touches on…read more
Case Comment: Re: Estate of Dominico Grillo
Can an Ontario litigant bring a will challenge here to set aside a will made in Italy? This interesting question was recently answered affirmatively by Justice Newbould in the recent decision in Re Estate of Domenico Grillo. Read Angela’s case comment here.
Orders for Directions and Pleadings
Will and Power of Attorney (“POA”) challenges are becoming more common. Whether it is the result of the much-vaunted and long-heralded wealth transfer between generations, the aging of society, or an American inspired litigious approach to sorting out life’s inevitable disputes, these court challenges will likely only increase in quantity and complexity. Laying the groundwork…read more
Order for Directions and Pleadings: Laying the Groundwork for Successful Will and POA Challenges
Will and Power of Attorney (“POA”) challenges are becoming more common. Whether it is the result of the much-vaunted and long-heralded wealth transfer between generations, the aging of society, or an American inspired litigious approach to sorting out life’s inevitable disputes, these court challenges will likely only increase in quantity and complexity. Laying the groundwork…read more
Handwriting Experts and Trustee Indemnification
Fraud is not restricted to the living. Occasionally, a fraudulent testamentary document makes an appearance and the question of validity becomes paramount. In that context, the issue of whether to retain a “handwriting expert” is raised. Read the full paper here: Handwriting Experts and Trustee Indemnification by Justin de Vries
The Herculean Task Of Proving Undue Influence
Undue influence is a well-established and popular ground for challenging a will. However, proving undue influence is notoriously difficult. Although best described as murky, many clients often believe the existence of undue influence is obvious in their situation: their evil stepmother pressured their vulnerable father, their conniving cousin insinuated himself into the heart of their…read more
Making Sense of Cost Awards in Estate and Guardianship Litigation: A Witch’s Brew?
As noted by one jurist[1], to the extent that it was not clear prior, the Ontario Court of Appeal made it abundantly clear in McDougald Estate v. Gooderham[2] that the modern approach to fixing costs in estate litigation is to carefully scrutinize the litigation and, unless the court finds that some public policy consideration applies,…read more
Brave New World: The Cost of Proportionality in Will Challenges and Guardianship Disputes
Recent amendments to Ontario’s Rules of Civil Procedure (“Rules”) have introduced sweeping changes meant to make the civil justice system more affordable and accessible. The changes are the most significant in a generation; litigation in Ontario will not be the same. Among the changes is the addition of the proportionality rule as an overarching principle…read more
Preserving, Holding, or Otherwise Dealing with Estate Assets during Litigation: What are the Options in Troubled Times?
Will Challenges are becoming more common. Whether it is the result of the much-vaunted and long-heralded wealth transfer between generations, the aging of society, or an American inspired litigious approach to sorting out life’s inevitable disputes, Will Challenges will likely only increase in quantity and complexity. Laying the groundwork for a Will Challenge is obviously…read more
The Will to Challenge and the Power to Succeed
Will and Power of Attorney (“POA”) challenges are becoming more common. Whether it is the result of the much-vaunted and long-heralded wealth transfer between generations, the aging of society, or an American inspired litigious approach to sorting out life’s inevitable disputes, these court challenges will likely only increase in quantity and complexity. Laying the groundwork…read more