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Estates and Trusts Erin Kelley Estates and Trusts Erin Kelley

Minimal Evidentiary Threshold for Will Challenges Requires More than Smoke and Mirrors 

Ringing in a New Year provides a good opportunity to refresh ourselves on the legal lessons of years past, including the ever-litigated “minimal evidentiary threshold” required to challenge a Last Will. 
To curb the desire of every disgruntled adult, child, or other relative from putting an estate through the needless and costly litigation of proving a Will, the Court of Appeal held in Neuberger v York, 2016 ONCA 191 that a person intending to challenge a Will must meet some minimal evidentiary threshold before the Court will order the production of third-party records and allow a Will challenge to proceed.

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