Can a competent, executed will be displaced or set aside by the courts?

Ontario, Canada


The following excerpt is from Verch Estate v. Weckwerth, 2014 ONCA 338 (CanLII):

The appellants point to no authority in Ontario for the proposition that a competent testator’s autonomous distribution of his or her property as reflected in a properly executed will may be displaced or set aside by the courts in the exercise of their discretion pursuant to some alleged overarching concept of a parent’s moral obligation to provide on death for his or her independent, adult children. The cases relied on by the appellants in support of their moral obligation claim emanate from a different province (British Columbia) and involve legislation from that province that knows no counterpart in Ontario. See Tataryn v. Tataryn Estate, 1994 CanLII 51 (SCC), [1994] 2 S.C.R. 807. These cases, therefore, do not assist the appellants.

Other Questions


Can a court stay an execution pursuant to section 106 of the Courts of Justice Act? (Ontario, Canada)
How have the courts interpreted the principles of the Court of Arbitration for the purpose of making decisions at an arbitrator rather than the court? (Ontario, Canada)
Does the Court of Appeal have jurisdiction to order a transfer of a cause into this court from another court? (Ontario, Canada)
Is there any difference in jurisdiction between a provincial court and a federal court? (Ontario, Canada)
Can the court exercise parens patriae jurisdiction in circumstances where the legislation does not contain a provision in which the courts have jurisdiction? (Ontario, Canada)
Can a court add an execution creditor as a party to an application under s. 7 of the Family Law Reform Act, 1978? (Ontario, Canada)
What is the test for enforcement of a request to obtain an order from a court in Canada from a foreign court? (Ontario, Canada)
What is the impact of a court's consideration of time spent preparing for, travelling to and attending court on a motion? (Ontario, Canada)
Can a parent be found in contempt of court for passively permitting the court order to be undermined? (Ontario, Canada)
How have courts dealt with a summary judgment motion involving competing expert opinions? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.