Toronto Estate Lawyer : Hull & Hull Law Firm : Trust Mediation and Succession Planning : Serving Ontario, Ottawa, Mississauga, Hamilton

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Or, listen to the audio version of Will Challenge Litigation - Part 5

This week on Hull on Estate and Succession Planning, Ian and Suzana continue their discussion on the Will Challenge Process, step by step.

They continue to discuss the process of will challenges in closer detail. What makes a good case? They talk about the five different grounds upon which a will can be challenged:

1. Lack of testamentary capacity
2. Existence of suspicious circumstances
3. Will not having been properly executed
4. Existence of undue influence
5. Possibility of fraud

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LISTEN HERE

READ THE TRANSCRIBED PODCAST HERE

During this podcast on suspicious circumstances, we discussed the following:

(i) the general concept of "suspicious circumstances" and what amounts to such circumstances;

(ii) the onus of proof on a propounder of a will and an alleger of undue influence;

(iii) the meaning of the phrases "the true will of the deceased", and the "righteousness of the transaction";

(iv) the rule in Barry v. Butlin; and

(v) the Supreme Court of Canada's decision in Vout v. Hay. --------