Solicitor-client privilege is a principle entrenched in our legal system. It goes without saying that counsel and client must be able to communicate openly and honestly. But what happens when a client dies? What becomes of the solicitor-client privilege or more specifically, the files of the deceased individual? This issue was raised in the recent […]
read moreEstate Litigation
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- Will Challenges
You may have the right to challenge a will or codicil (an amendment to a will) if it does not represent the true wishes of the testator (the person who signed the will). A will may be set aside if any of the following can be proven:
- the testator lacked the necessary mental capacity to make a will,
- the testator was unduly influenced (ie coerced) by a third party into making the will
- the will is a fraudulent document
- the will was not properly executed and witnessed in accordance with the legal requirements
- the testator did not have knowledge and approval of the contents of the will, or a particular provision in the will
Where a will or codicil was signed in suspicious circumstances, the law will require proof from those wishing to uphold the will that it reflects the true wishes of the testator. de VRIES LITIGATION has significant expertise both launching and defending will challenges.
Related papers/blog
The Terrifying “In Terrorem” Clause
OoooooooooOOO! It is the scariest clause around; more frightening to beneficiaries than a killer Santa “clause”. Also called a no-contest clause, an in terrorem clause translates literally to “in fear” in Latin. In the estate planning context, it is a clause which forces or prohibits beneficiaries from doing something, using the fear of a loss […]
read moreRetrospective Capacity Assessments
Whether a deceased person had testamentary capacity to execute his or her will is a question often raised in estate litigation and is the subject of many will challenges. A contemporaneous assessment of a testator’s capacity is not always conducted, and sometimes, even if such an assessment was done, it may be flawed or unreliable […]
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