Information About Campbells LLP Blog
- Family Attempts to Challenge Testator’s Will Based on “Cognitive Difficulties” and Alcohol Consumption
In a recent Saskatchewan decision, a testator’s family attempted to challenge his will and testamentary capacity based on “cognitive difficulties” and alcohol consumption. The court rejected their arguments. Testator Leaves Estate to Distant Cousin’s Children The testator lived his entire life on a … Read more »
- Condo Purchasers Appeal Decision Refusing to Certify Class Action Against Land Developer to the Supreme Court of Canada
In 2020, an Ontario court refused to certify a class action brought by condo purchasers against a land developer after it failed to build the promised building. In 2021, the Court of Appeal of Ontario dismissed their appeal and, last month, the purchasers filed an application to the Supreme Court of … Read more »
- When Will An Executor Be “Passed Over” Due to a Conflict of Interest?
In a recent Ontario decision, the court ordered that a father be “passed over” as estate executor of his wife’s estate, finding him to be in a conflict of interest. Testator Passes Away in Car Accident The testator died on December 6, 2019 in a motor vehicle accident at the young age of 41. She had … Read more »
- What Happens When a Testator Dies With an Unsigned Will?
In a recent British Columbia decision, the court had to determine the validity of an unsigned will that had otherwise been fully drafted by the testator’s lawyer, but remained unexecuted upon her death. Testator Dies Before Signing New Will The testator had previously executed a will in 2014. The te … Read more »
- Daughter Makes Unjust Enrichment Claim in Mother’s Estate Over Contributions to Family Business
In a recent estate litigation case, a British Columbia court rejected a daughter’s unjust enrichment claim in her mother’s estate, which she based on her contributions to the family business. Mother Leaves Unequal Distribution of Estate to Five Children The testator was the mother of five children. … Read more »