Is proof of a will in solemn form a basis for cancelling a notice of dispute?
British Columbia, Canada
The following excerpt is from Mortimer v Bender, 2020 BCSC 483 (CanLII):
It is correct that proof of a will in solemn form is a basis for cancelling a notice of dispute: Rule 25-10(12)(d) of the Rules. However, the Rules specifically require an application for solemn grant to be served on anyone who has filed a notice of dispute: Rule 25-14(7). That notice would enable the issue of whether the applicant was a suitable and capable personal representative to be raised and addressed either in the same hearing or as a related matter: Biely Estate v. CNIB, 2017 BCSC 788.
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