Estates and Trusts Law Published Cases

  • The court defined what a trustee's file consists of, clarified that a trustee has a duty to maintain a file in a manner that can be disclosed to a beneficiary. Particularly when the trustee is a professional trustee.
  • Successfully proved a will in solemn form when the will was challenged on the basis that the deceased had signed a will under suspicious circumstances which included that the will was signed in the hospital, the deceased had used MAID (medically assisted dying) without telling the petitioners and the deceased’s son had exerted control over the deceased and therefore the deceased was subject to undue influence. The Court found that the deceased was capable of making a will when she instructed her counsel and when she signed the will. The deceased was a strong-willed person who was not subject to undue influence.
  • Successfully clarified that in relation to a trust, the general principle is that a beneficiary has a right to the documents that are created by the administrator in the administration of the estate, with only limited exceptions such as solicitor client privilege or where significant prejudice would arise from the disclosure.
  • Successfully defended an application pursuant to section 151 of the Wills and Estate and Succession Act, whereby the Plaintiff to a wills Variation action sought leave to bring an action against the testator’s spouse on behalf of the estate. While the court found that the application was brought in good faith, the plaintiff could not establish a claim under the mutual wills doctrine unjust enrichment or a constructive trust and therefore the plaintiff was denied leave to bring an action on behalf of the estate pursuant to s.151 of WESA.
  • In the successful defence of a Wills Variation Act Claim, the defendants were able to limit the distribution of the estate to the spouse of a second marriage to 30% of the estate after considering the moral and legal obligations of the testator. Defendants were also able argue that a bank account which was jointly in the name of the testator and his children was a gift to the testator’s children passing outside of the estate.
  • An appeal of a Masters order seeking to dismiss a family law action which was related to associated Wills Variation Litigation for want of prosecution on the basis that the file had not been prosecuted in a timely manner.
  • A successful application to enforce a settlement agreement bringing an end to 12 years of estate and family litigation and awards costs against the Plaintiff. In enforcing the Order the Court dismissed the Plaintiffs allegations of unilateral mistake The party seeking to set aside the agreement must demonstrate the other party was aware of the mistake knew it to be a fundamental term of the agreement and took advantage of the mistake” The Court found that disclosure was complete and the plaintiff’s allegations were without rational basis.
  • An application to dismiss Family Law Proceedings for want of prosecution on the basis that the action was not prosecuted in a timely manner and that the claims were more appropriate in a wills variation action.