Disputes over wills and estates have witnessed a considerable rise in Canada due to increasing property values. In some cases, owning a property has become more of a concern than grieving the demise of a loved one. Such a case of deceased Elena Canale’s estate has come to the forefront, where the Ontario Court of Justice ordered the son, one of the beneficiaries of the estate, to vacate the property immediately.
Background of the Dispute!
The case began when the applicant, Jim Canale, contested his mother’s last will and testament from 2005, arguing instead that her earlier will from 2003 should be recognized as valid. This is due to the 2003 will, which intended to pass his mother’s entire estate to him alone. In response, Rosemary Ziccardi, daughter of Elena and the sole estate trustee designated in the 2005 will, pointed out that the applicant was in ‘contempt of court’ for failing to comply with previous court orders imposed on him.
Who is known as an estate trustee?
An estate trustee is appointed as the executor of the will and the trustee of someone’s estate. Simply put, the court either names or appoints an estate trustee, who is responsible for managing all estate matters. There can be more than one estate trustee as well.
Background of the Dispute Cont…
The court issued these orders in 2022 and 2023, requiring Jim to fulfill his financial responsibilities related to the estate, including utilities, tax payments, insurance premiums, and rent for his residence since Elena’s passing. The outstanding amount came up to $25,958.36 that he had to pay via monthly instalments of 950 dollars. Furthermore, the respondent requested that the court dismiss the applicant’s claims, as they did not meet the grounds to contest a will, and required him to pay the costs of the legal proceedings involved.
What are the legal grounds for contesting a will?
When the validity of a will gets challenged by a beneficiary, then that is known as ‘contesting a will’. It is generally recommended to take the guidance of wills and estate lawyers so that you know which option will work best for you. Further, one must know that each province in Canada has their own laws regarding contesting a will.
However, a court will prioritize enforcing the will of the deceased, irrespective of interested parties being unhappy with it. Having said that, wills in Ontario can be challenged on various grounds, which are as follows:
Undue Influence: When someone is pressured into making decisions in their will.
Lack of Capacity: When the will-maker does not understand the will’s contents or consequences.
Mistakes in Formalities: When the will lacks necessary signatures or witnesses.
Fraud: When the will is altered through deceptive means.
Lack of Provision: When the will does not adequately provide for the spouse or dependents.
Unclear Intentions: When the willmaker’s wishes are not clearly stated.
The burden of proof lies with the one who is challenging the validity of the will, which in this case falls upon Jim Canale entirely. Additionally, when a will is signed, the court automatically assumes that the author of the will was consensual and of sound mind. In the case of Elena, her will’s lawyer, Peter May, testified that she came to him with a clear intention to do a new will, and she had thought about how she wanted to distribute her estate clearly. He also added that he met with her alone and found no concerns about competency, suspicious circumstances, or undue influence.
Other than putting forward the argument that Elena was not proficient in the English language, Jim was unable to refute the evidence brought to light by Peter May. His belief that the 2005 will could not have been prepared because his mother gave him’verbal’ promise of the property being bequeathed to him was not sufficient for the court to listen to his pleas.
Was there any contempt of court through Jim?
In legal terms, contempt of court refers to disobeying a court order. However, Jim had made some payments and only had outstanding arrears of $12,138.38 left to clear. Currently, the Ontario court no longer imprisons people for failing to pay their civil debt. Therefore, Jim was declared to not be in contempt of court. While the court order of 2023 required the applicant to make a monthly payment of 950 dollars to continue occupying the property, it did not mention that failure to do so would result in property vacating. This again rendered Jim to not be in ‘contempt of court.’
Following this, the respondent, Rosemary, argued that his disregard for court orders should still lead to the dismissal of his challenge to the will. But the court cannot dismiss his challenge because he committed some financial breaches. However, this also does not mean that Jim’s non-compliance will go without any consequences, and as a result, he was ordered to vacate the estate property, and any unpaid amounts would be deducted from his estate shares.
How can our Wills and Estate lawyers help you?
The case of Elena Canale serves as a cautionary tale for those who take the complexity of wills lightly and neglect the importance of professional legal advice and guidance on how to uphold legal responsibilities. Whether you’re defending a will or contesting one, you need a strong ally to safeguard your legal interests. Our experienced wills and estate lawyers in Canada are equipped to handle various legal needs related to estate planning and disputes. Call us at 905-405-0199 to find out more!
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