In what circumstances will a husband be able to challenge the validity of his wife's will?
Ontario, Canada
The following excerpt is from McDougald Estate v. Gooderham, 2005 CanLII 21091 (ON CA):
In Gamble v. McCormick (2002), 4 E.T.R. (3d) 209 (S.C.J.), Greer J. found that there was no reasonable basis to a husband’s challenge to the validity of his late wife’s will. At para. 13 of her reasons she states: The cost of the emotional wreckage caused by this trial to all parties, leaving what had been a warm, loving family unit in tatters, is incalculable. None of their lives will ever be the same again. Costs on a solicitor and client basis cannot heal those wounds. It can only pay for the monetary cost of what took place.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the circumstances in which a husband has a constructive trust claim against his wife for the value of the husband's pension accumulated over the pre-marital period? (Ontario, Canada)
When a husband ceases to work when he could be working, when the wife's income is limited by the husband's lack of income, is that husband's absence of work not a bar to a support order? (Ontario, Canada)
Can a husband reduce his wife's spousal support after the wife's health problems and difficult financial circumstances? (Ontario, Canada)
In what circumstances will a husband be able to claim material damages against his wife for his wife's death? (Ontario, Canada)
In a personal injury action brought by the wife against the husband for child support because of his drug addiction, does the wife rely on the law of drug addiction to argue that the husband's drug addiction would be wrong at law and contrary to public policy? (Ontario, Canada)
In what circumstances have courts found that a husband and wife can no longer co-habit, and that the wife is entitled to possession of the house in each party’s name? (Ontario, Canada)
What is the basis for a husband seeking to introduce into evidence a birthday card sent by the wife to a friend shortly after the wife allegedly removed her children from Australia? (Ontario, Canada)
When the husband understated his income for child support purposes, the wife was receiving social assistance. In what circumstances will he be entitled to table child support? (Ontario, Canada)
Is a husband responsible for a portion of the wife's costs even if the husband agrees to a consent order? (Ontario, Canada)
In what circumstances will a husband be ordered to pay occupation rent on behalf of his estranged wife when he has exclusive possession of the matrimonial home? (Ontario, Canada)
