If a plaintiff succeeds in defeating proof of a will in solemn form, would she be the executrix and principal beneficiary of the estate under an earlier will?
British Columbia, Canada
The following excerpt is from Dean v. Ford Credit Canada Limited, 1982 CanLII 780 (BC SC):
I pause to mention that Nicoll v. Oakes, supra, was a case where, if the respondent succeeded in defeating proof of a will in solemn form, she would be the executrix and principal beneficiary of the estate under an earlier will. The ownership of the asset in question would then most certainly arise. In other words, the applicant had a latent proprietary interest arising as a matter of law in the property in question (some motor vehicles), and she had advanced her claim as far as she properly could at that early stage.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is proof of a will in solemn form a basis for cancelling a notice of dispute? (British Columbia, Canada)
What is the test for determining whether a plaintiff’s pre-existing depression would have led her to leave medical practice as a family doctor earlier than she intended? (British Columbia, Canada)
Is an executor's duty to settle the affairs of the estate and distribute the estate to beneficiaries? (British Columbia, Canada)
What is the test for proof of a will in solemn form? (British Columbia, Canada)
What is the legal framework for analyzing proof in solemn form claims where issues of undue influence and undue influence are raised? (British Columbia, Canada)
What is the test for putting a plaintiff in a position he or she would have been in today if he had not been injured in an accident? (British Columbia, Canada)
What is the test for assessing the likelihood of a plaintiff earning more than he would have earned if he had not been involved in an accident? (British Columbia, Canada)
Is there a need for physical or temporal proximity between a plaintiff and plaintiff in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a reasonable person would expect icy conditions would have been present? (British Columbia, Canada)
How has the value of a parcel of land been determined in real estate law in the context of real estate transactions? (British Columbia, Canada)
