Approximately $1 trillion in personal wealth will be transferred from one generation to the next in Canada between 2016 and 2026.[1] This represents the largest transfer of wealth in Canadian history. Not surprisingly, this has led to an onslaught of Will challenges and disputes related to estates both large and small. To stem the tide, Courts have exercised a gatekeeping function in an attempt to weed out meritless claims.
The Ontario Court of Appeal in Neuberger Estate v. York[2] elucidated that a person who appears to have a financial interest in an estate must meet some minimal evidentiary threshold before a Court will accede to a request that a testamentary instrument be proven.[3] In turn, when faced with a Will challenge, the propounder of a Will must ask: has the Will challenger put forward sufficient evidence to dispute the validity of the Will? If not, is it possible to engage the Court’s gatekeeping function to dismiss the case at an early stage?
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