Revival Of Dormant Law: Unconscionable Procurement

Death can be an uncomfortable topic of conversation, but its inevitability necessitates prudent planning by way of a will. Even the best laid (estate) plans can go awry, especially when complex familial dynamics are exposed and accentuated in estate litigation.

Such was the case in a decision heard by the Court of Appeal for Ontario. In Gefen Estate v Gefen 2022 ONCA 174, the court noted that the family dynamics were discordant and characterized by conflict. Elias and Henia Gefen, were married spouses and Holocaust survivors who immigrated to Canada in the early 1950s. Over the course of their marriage, they accumulated a considerable real estate portfolio and amassed a sizable estate. The Gefens had three children: Harvey, Harry, and Yehuda (also known as Eddy). Elias and Henia had executed mirror wills (typical for spouses). On the passing of Elias, his estate passed to Henia, and she was named as the sole executor. Henia sought to convey almost all of the