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Wait, I didn’t mean to gift that! The Doctrine of Unconscionable Procurement
What happens if the person you are providing a gift to tricks you or misleads you into giving it? What happens if you are forced into giving a gift? What happens if you did not understand the implications of gifting...
Can Children Challenge a Will on Fairness in Ontario?
Most provinces, including Ontario, will not allow non-dependent adult children to challenge a will on the basis of fairness. However, section 60 of British Columbia’s Wills, Estates and Succession Act, S.B.C. 2009, c. 13, states that if a will-maker dies leaving...
Predatory Marriages: The Growing Trend in Ontario
Elderly persons are living longer and as a result, a new litigation concern for the aging population has emerged: predatory marriages. Impacting wills and estates, and creating an emotionally stressful situation for family members, predatory marriages are a difficult situation...
Introducing Medical Records in a Will Challenge
Can you use medical records to prove that a family member lacked mental capacity when they made their Will? In cases where a Will is being challenged on the basis that the will-maker lacked capacity, litigants will frequently attempt to...
