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The court released counsel from an undertaking over estate sale proceeds, holding the named lawyer’s consent term failed once he stopped acting for Anna.
La Cour rejette les demandes d’Ernest Fleischer concernant un prétendu accord de testaments mutuels, la capacité de Zoltan Fleischer et les transferts à Susanne Kierszenblat.
The appeal is dismissed because the appellant failed to meet the minimal evidentiary threshold required by Neuberger to call into question the validity of the 2015 will; the application judge's factual findings that the respondents successfully answered the challenge were entitled to deference and documentary production was not warranted; costs awarded to respondent on appeal.
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The court held the 1985 power of appointment was valid, the 2017 exercise was valid but revoked in 2018, and the trust property goes to Estia.
The Court of Appeal upheld probate of Jean Ingrid Conner’s will, finding the witnesses’ printed names and initials satisfied subscription and no suspicious circumstances rebutted capacity.
The 1996 transfer gave rise to the presumption of resulting trust under Pecore and the presumption was not rebutted on the evidence; consequently Janice held only a trustee's title and neither she nor Gordon had an interest in the property for the purposes of s.18(1) FLA, so s.26(1) did not apply, and the appeal is dismissed.
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On a summary trial, the court held the deceased intended to gift survivorship rights in land and bank accounts to his cousin, defeating the resulting trust claim.
The court held that there remained a genuine issue of material fact as to whether Margaret Anne Fawson had capacity when she made the beneficiary designations; findings in the earlier will proceeding did not create issue estoppel on the separate question of beneficiary designations; because a material fact was in dispute, summary judgment was inappropriate and the motion was dismissed, with costs awarded to the defendants.
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The court dismissed an appeal from a master’s refusal to strike a family property claim for want of prosecution and allowed the plaintiff to amend pleadings.
Costs decision in estate litigation: the plaintiff, as executor, was awarded costs against the defendants up to January 23, 2013, with a limited extra order against Foulston.
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