Exacerbation of Delusions Can Ground a Claim for Undue Influence, New Brunswick Court of Appeal Affirms
If a person is suffering from a delusion when they create a will or codicil, the court may be asked …
Preserving Critical Testimony: The Role of De Bene Esse Examinations
Time is rarely on our side in estate litigation. Will challenges, capacity disputes, and estate administration battles can take years
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Examination of Non-Parties in Will Challenges
In Will Challenge cases, the key evidence often resides with individuals who aren’t parties to the proceeding. These third parties
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Details on the Margin: Are Handwritten Notes Enough to Update a Will?
It is surprisingly common that testators who seek to revisit an old Will do so by making handwritten notes in
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What Kind of Evidence Can Be Used to Prove Knowledge and Approval of a Will?
When a will is challenged, the propounder of that instrument may be required to prove that the testator knew and
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Trustees de Son Tort: When do the Unappointed Become Responsible for an Estate?
In his novel Mother Night, Kurt Vonnegut made the now-famous warning: “We are what we pretend to be, and so
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Helicopter Money: Public Policy Considerations with Wills
On June 15, 2025, Darell “Plant” Thomas passed away at the age of 58 years old. Mr. Thomas was a
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Farmer v Farmer – A Cautionary Tale in Fiduciary Misconduct
The Ontario Court of Appeal’s decision in Farmer v. Farmer, 2025 ONCA 442, serves as a stark reminder of the
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Nova Scotia’s POA-E App: What It Means for Estate Lawyers
In April 2025, the Government of Nova Scotia, in partnership with the Legal Information Society of Nova Scotia (LISNS), launched
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Law Commission Recommends Reversing the Onus of Proof for Undue Influence to Protect Testators From Financial Abuse
“Proving undue influence is not easy.”Justice Barbara Fisher, Kerfoot v Richter, 2018 BCCA 238 at para 34 In keeping with