In what circumstances will the beneficiary of a Will be entitled to a 20% interest in the estate of the deceased?
Ontario, Canada
The following excerpt is from Young v. Prychitko et al, 2022 ONSC 1502 (CanLII):
In Seepa v. Seepa, a minimal evidentiary basis was made out where the youngest son stood to inherit the entire estate under a Will made four years before the deceased’s death. In a prior Will dated a year earlier, the son was to receive a 20 percent interest. The same lawyer drafted both Wills. Justice Meyers refers to the beneficiary’s physical proximity as caregiver to the testator; a joint account between the beneficiary and the testator; and that one of his other children were disinherited, amongst other points mentioned in para. 42.
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