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Recent decisions help determine minimal evidentiary threshold

Wednesday, April 04, 2018 @ 9:17 AM | By Richard Worsfold and Reshma Kishnani

It has been over two years since the Ontario Court of Appeal released their decision in Neuberger Estate v. York 2016 ONCA 191 suggesting that a party challenging a will must meet a minimal evidentiary threshold before the court should accede to a request that the will be proven in open court.

It has been over six months since Justice F.L. Myers considered the Neuberger decision in Seepa v. Seepa 2017 ONSC 5368 and declared that a culture shift was required in the estates bar and warned...