Ontario Court Of Appeal Confirms That A Suicide Note Can Be A Valid Will And Explores The Question Of Testamentary Capacity

Ontario Court Of Appeal Confirms That A Suicide Note Can Be A Valid Will And Explores The Question Of Testamentary Capacity

The recently issued decision of the Court of Appeal of Ontario (ONCA) in McGrath v. Joy, confirmed that a suicide note could be a valid will in Ontario In the decision, the ONCA reviewed the decision of the Superior Court of Justice, which had held that even though the suicide note met the technical requirements…

Court Refuses to Order Production of Psychiatric Records in Will Case

Court Refuses to Order Production of Psychiatric Records in Will Case

In a recent decision, the Ontario Superior Court refused to order the production of an applicant’s psychiatric records when he challenged his father’s testamentary capacity. The respondent sought production of the records in order to demonstrate that the applicant had knowledge of the existence of the will in question and missed the limitation period for…

British Columbia Court “Cures” Will that was Unexecuted Due to Pandemic Restrictions

British Columbia Court “Cures” Will that was Unexecuted Due to Pandemic Restrictions

Back in September we blogged about recent changes to estate law in Ontario. One of the more interesting changes was the introduction of the ability for the courts to “cure” invalid wills. Questions around the validity of a will due to administrative issues, such as the lack of a signature or witnesses’ signatures. Courts have now been…

Daughter Seeks Evidence To Invalidate Mother’s Will
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Daughter Seeks Evidence To Invalidate Mother’s Will

There are a number of reasons why someone may want to challenge a will. One such reason that comes up quite frequently is when someone doesn’t believe that the testator (the person making the will) had the capacity to do so. This could be because of health reasons, or it could be because a third party…

Insurance Policy Issuer Seeks To Pay Proceeds Into Court Pending Litigation

Insurance Policy Issuer Seeks To Pay Proceeds Into Court Pending Litigation

One of the primary reasons someone might make a will is because they want to be in control of what happens to their estate when they die. This can be interpreted as making sure that specific people are included in a will, but on the opposite side of the coin, it can also mean that…

Widow Is Denied Access To Late Husband’s RRSPs

Widow Is Denied Access To Late Husband’s RRSPs

The story of a Halifax woman’s attempts to receive her deceased husband’s RRSP savings has highlighted the difficulties in making changes to what happens to someone’s estate in the event that they die without a will that may or may not accurately reflect their wishes. The story, which was recently reported by the CBC, involves…