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Case Law

Case Law. Jurisprudence.

25 February 2021 TAGS: Case Law

Case Brief - Standing and financial gain

In Moses v. Moses, 2021 ONSC 587, the S.C.J. considered whether a son had standing to challenge his father's will, given that the father's previous will also left nothing to his son.

Patrick Hartford Patrick Hartford
29 January 2021 TAGS: Case Law

Case Brief - Void for uncertainty?

In Barsoki v. Wesley, 2020 ONSC 7407, the SCJ looked at a will with some less-than-clear provisions that gave the deceased's friend an unclear proprietary interest in her home.

Patrick Hartford Patrick Hartford
30 November 2020 TAGS: Case Law

Case Brief - When can you replace an estate trustee?

In Viertelhausen v. Viertelhausen, 2020 ONSC 6744, the Ontario Superior Court considered an application to remove an estate trustee due to an alleged conflict of interest and personal animus.

Patrick Hartford Patrick Hartford
23 October 2020 TAGS: Case Law

Case Brief - Testamentary Capacity and Dementia

In McAndrew Estate (Re), 2020 ABQB 614, the Court of Queen's Bench of Alberta considered the validity of three wills made by a woman diagnosed with dementia.

Patrick Hartford Patrick Hartford
28 September 2020 TAGS: Case Law

Case Brief - The meaning of "residence"

In Poole v Dailey, 2020 SKQB 226, the Queen's Bench for Saskatchewan considered the case of a will that left a residential property to a couple's daughter, on condition that she occupy it as her residence.

Patrick Hartford Patrick Hartford
27 August 2020 TAGS: Case Law

Case Brief - Rebutting the presumption of revocation

Levitz v. Hillel Lodge Long Term Care Foundation, 2017 ONSC 6253 is a case about a missing will and what it takes to rebut the presumption of revocation.

Patrick Hartford Patrick Hartford
29 July 2020 TAGS: Case Law

Case Brief - The costs implications of a weak position, for counsel and client

In Eisenrieder Estate v Eisenrieder, 2020 ABQB 392, the Court of Queen's Bench considered the issue of costs, following a dispute over interpretation of a Will in which one party advanced a weak position.

Patrick Hartford Patrick Hartford
18 June 2020 TAGS: Case Law

Case Brief - Appealing a decision interpreting a will

In Kirst Estate (Re), 2020 ABCA 233, the Alberta Court of Appeal considered an appeal of a trial judge's interpretation of a will.

Patrick Hartford Patrick Hartford
21 May 2020 TAGS: Case Law

Case Brief - Removing a co-executor due to conflict of interest

In Durand v. Durand et al., the Court of Queen's Bench of Manitoba considered an application to remove a co-executor of an estate on the grounds that his ownership of a corporation was at odds with his fiduciary duty to the beneficiaries.

Patrick Hartford Patrick Hartford
23 April 2020 TAGS: Case Law

Case Brief - A holographic will and Alzheimer's disease

In Arena Estate (Re), 2020 ABQB 206, the Court of Queen's Bench of Alberta considered whether a collection of letters, written by a woman with Alzheimer's disease, constituted a valid will.

Patrick Hartford Patrick Hartford
30 March 2020 TAGS: Wills

Case Brief - The Rule Against Perpetuities

In Goss Estate (Re), 2020 ABQB 121, the Court of Queen's Bench of Alberta considered whether provisions of a will violated the Rule Against Perpetuities.

Patrick Hartford Patrick Hartford
25 February 2020 TAGS: Case Law

Case Brief - Mental Health and Testamentary Capacity

In the Leonard case, 2020 ONSC 662, the Superior Court considered the case of a will challenged on the grounds that the testator's history of bipolar disorder meant she lacked testamentary capacity.

Patrick Hartford Patrick Hartford
4 February 2020 TAGS: Case Law

Case Brief: Court Orders Are Not Suggestions

The New Brunswick Court of Queen’s Bench had strong words, in Jensen v. Jensen, 2020 NBQB 8, when it recently handed down a contempt order to an executor in an estate dispute.

Kim Whaley Kim Whaley
16 January 2020 TAGS: Case Law

Case Brief: Disinheriting your only living heir

In Re Vaudrey, 2019 ONSC 7551, the Superior Court of Justice considered a case where a deceased individual's only living heir was expressly disinherited by the will.

Patrick Hartford Patrick Hartford
3 December 2019 TAGS: Guest Post

Case Comment: Slover v Rellinger 2019 ONSC 6497 on Testamentary Capacity & Undue Influence

In this lengthy (82 page) decision, Justice Sanfilippo addresses an estate dispute involving tense family relationships, complex estate planning documents, questions concerning testamentary capacity, undue influence, and the admissibility of a retrospective capacity assessment.

Kim Whaley Kim Whaley
21 November 2019 TAGS: Case Law

Case Brief - A disinherited granddaughter challenges two wills

In Balanko v. Logan De Chavez*, 2019 ABQB 860, the Court of Queen's Bench of Alberta considered the case of a disinherited granddaughter who challenged two wills.

Patrick Hartford Patrick Hartford
24 October 2019 TAGS: Case Law

Case Brief: Holding up the administration of an estate

In Maloney v. Maloney, 2019 ONSC 5632, the Superior Court considered a motion related to an estate administration held up by a notice of objection.

Patrick Hartford Patrick Hartford
20 September 2019 TAGS: Case Law

Case Brief - What happens when the co-owner of a house dies?

In Guz v Olszowka, 2019 ONSC 5308, Justice D.A. Broad considered motions related to a dispute over two properties inherited by two sisters.

Patrick Hartford Patrick Hartford
15 August 2019 TAGS: Case Law

Case Brief - Testamentary Capacity and Second Languages

In Silano v Silano, the Superior Court considered a will challenge involving an Italian-speaking testator who made a substantial change to his will shortly before his death.

Patrick Hartford Patrick Hartford
23 July 2019 TAGS: Case Law

Case Brief - Varying a Will

In Grewal v. Litt, the Supreme Court of British Columbia varied a will that divided a couple's estate unevenly between their sons and daughters.

Patrick Hartford Patrick Hartford
24 June 2019 TAGS: Case Law

Case Brief - Testamentary Capacity and Early Stage Dementia

In Kay v Kay Sr, 2019 ONSC 3166, Maranger J considered a will challenge where the testator executed a will at age 89, while in the early stages of Alzheimer's disease.

Patrick Hartford Patrick Hartford
11 April 2019 TAGS: Estates

Case Brief: Challenging a will because of a "material mistake of fact"

In Cavanagh et al. v. Sutherland et al., a mother had made a will disinheriting one of her six daughters. After the mother died, this daughter argued that the will was invalid because the mother's decision to disinherit her was "contingent on a material mistake of fact."

Patrick Hartford Patrick Hartford
28 January 2019 TAGS: Estates

It's official: wills are not trusts

The Divisional Court has resolved the recent confusion caused by the conflicting Milne and Panda decisions about the validity of certain wills containing "basket clauses".

Patrick Hartford Patrick Hartford
16 January 2019 TAGS: Case Law

Case Brief: Determining the purchase price of a business

In Muchmaker Estate (Re), 2019 ONSC 59, the court had to interpret a provision in the deceased's secondary will for determining the purchase price of his business, among other issues.

Patrick Hartford Patrick Hartford
15 November 2018 TAGS: Case Law

Case Brief: What happens when burial arrangements are contested?

In Miller v Miller, 2018 ONSC 6625 the children of the deceased strongly disagreed over where their mother should be buried until an estate trustee could be appointed by the court.

Patrick Hartford Patrick Hartford


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