GOOD EVIDENCE TO CONTEST A WILL
Say, you want to contest a will and you need some proof. What are the good proofs? A bad argument is often worse than no argument, because it irritates a judge…
WHAT IS UNDUE INFLUENCE (CAPTATION) AND HOW HARD IT IS TO PROVE IT?
You are sure that the will “smells bad” and yet the testator was in his sound mind? Then the question is usually if the testator’s consent to change his Will was free…
CAPACITY TO TESTATE: WHAT MOMENT OF TIME IS IMPORTANT?
Capacity to testate often becomes a reason to contest a Will. In Laroque c Gagnon (2016 QCCA 1237) the Court of Appeal has looked into the case where the person signed a Will,…
WHAT SHOULD YOU PREPARE TO PROBATE A MANDATE IN CASE OF INCAPACITY?
You want to probate a mandate in case of incapacity (now called a “protection mandate“)? The mandator’s mental stalility is probably already changed, most probably. Likewise, same might be true about the…
ACCESS MEDICAL FILES TO CONTEST A WILL
Access to medical files to contest a Will is a serious question. A disinherited person often contests the will for undue influence and incapacity of the deceased. In addition, a contesting person…
CAN A CORRECT WILL BE INVALID? YES, IT CAN
Invalid will A formally correct Will can be still an invalid and vice versa. This is why the Court of Appeal did remind in Nazzari c Nazzari, 2016 QCCA 1334: improbation…
TIME LIMIT TO CONTEST A WILL
You found a new will in your favour. But the other heirs say it’s too late. So what is your time limit to contest a will? Three years is too…
CONTESTING A WILL? BRING ALL THE REASONS IN!
Contesting a Will You think some reasons to contest a will do not apply in your case? You might be making a mistake. Attacking validity of a Will, remember to put all…
New Divorce Act postponed: from July 1, 2020 to March 1, 2021
The decree no: 2020-0407 of May 30, 2020 has postponed coming in force of the Divorce Act modifications for 9 months: Her Excellency the Governor General in Council, on the…
New Divorce Act: Change of Residence and Relocation of a parent (with or without the child)
Child relocation Change of residence After the modifications come in force, the Divorce Act will distinguish between relocation and simple change of residence. Change of residence is now seen as…