Case Law

In Milne Estate (Re), 2018 ONSC 4174, the Superior Court answers the question: Is a will that grants the executors the discretion to determine what property is subject to the will a valid will?

If a beneficiary can't be found, when is it appropriate to assume they've died? The Superior Court of Justice considered this issue in Steele v. Smith, 2018 ONSC 4601 and granted a motion declaring that a missing beneficiary had died before the testator.

George Koster died in 2014 at the age of 94. George's nieces and nephews brought an application challenging the validity of George's will on the grounds that George's mistress-turned-wife, Elizabeth, had unduly influence George.

Nadia Dmytryshyn had two sons, Taras and Bryan, and a brother Ned. Taras and Ned had power of attorney over Nadia's property in the six months before her death and were then her Estate Trustees.