What is the test for refusing to allow an inquiry into whether a later will should be admitted to probate?
Canada (Federal), Canada
The following excerpt is from Morin v. Canada, 2001 FCT 1430 (CanLII):
While delay is, as I have noted, a relevant factor there is authority for the view that delay by itself is not a sufficient ground for refusing an inquiry into whether a later will should be admitted to probate. In Oestreich v. Brunnhuber, [2001] O.J. No. 338 (S.C.J.) Haley J. reviewed the law on this point as follows:
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