Summary Resolution Of Probate Disputes In Canada

There has been a "culture shift" in the litigation of probate disputes in Canada. In many jurisdictions, persons interested in an estate must first apply to the court for an order permitting a challenge to the validity of a will. At this stage, some "minimal evidentiary threshold" must be met by the challenger to justify the dispute going any further, due to concerns about the costs and delays associated with probate litigation. A small estate could otherwise be depleted by the actions of a disgruntled, spiteful litigant. If the challenger cannot meet this threshold, or if any issues are "successfully answered" by the executor or other parties, then the Will should be proven in solemn form on a summary basis.