Should a will be set aside where a beneficiary was excluded for reasons which were racially motivated? Should third party extrinsic evidence of the alleged motivations be admissible in support of an application to set aside the will? These were the issues examined by the Ontario Court of Appeal in Spence v. BMO Trust Company … Continued
Read MoreMany couples, as part of their estate planning, contemplate executing mutual wills. For wills to be considered “mutual”, the provisions contained in the wills must be identical to each other, such that each party receives an identical interest from the other or that the remainder of the estate is disposed of in an identical manner[i]. … Continued
Read MoreIn W.W. v Y.Y., the main issue before Justice Gilmore was whether there was enough evidence to support an inference that a will challenge should be heard. What Happened? W.W., the daughter of the Deceased, commenced a will challenge against the hand-written will (or holograph will). The Deceased was divorced from his first wife, with … Continued
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