How have courts interpreted the term "financial interest" in the context of a contested will?
Ontario, Canada
The following excerpt is from Klatt v Klatt., 2015 ONSC 216 (CanLII):
In Smith v. Vance, [1997] O.J. No. 6534 (Div’l. Ct.) Sills, J. considered the meaning of the term “financial interest” in the context of a contested will and whether the proponents of an earlier will (the “claimants”) should have a chance to participate in a proceeding to determine the date of incapacity of the testator. In the particular circumstances there, the court concluded that the claimants had sufficient interest to justify their inclusion as a party to the proceeding. Smith v. Vance raises the issue of “financial interest” in a different context and on different facts. That case was focused on rule 75.03(1) and section 23 of the Estates Act.
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