Does a party who attacks a will by alleging fraud have the burden of proving the will invalid on a balance of probabilities?
Ontario, Canada
The following excerpt is from Khemraj v Khemraj, 2016 ONSC 7796 (CanLII):
The Respondents’ counsel asserts that the party that is attacking the will by alleging fraud has the burden of proving the will is invalid on a balance of probabilities (Vout v. Hay, 1995 CanLII 105 (SCC)).
"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
What is the test for justifying the limitation of Charter right to prove that a party has met the Charter's requirements on a balance of probabilities? (Ontario, Canada)
What is the burden of proving that a party asserting accommodation party status received no value in exchange for their execution of a promissory note? (Ontario, Canada)
What is the burden of proving on a balance of probabilities that the applicant was suffering from a disability in May 2013? (Ontario, Canada)
What is the burden of proving on a balance of probabilities to a police officer in a residential unit? (Ontario, Canada)
Is offensive allegations and offensive rhetoric directed at a party by a party that has been accused of using offensive language? (Ontario, Canada)
What is the burden of proof against a party who is not a party to the birth of the child? (Ontario, Canada)
If a successful party accepts an offer to settle, can the successful party be ordered to pay all or part of the unsuccessful party’s costs? (Ontario, Canada)
On a motion for interim spousal support, does the claimant have to prove entitlement on the balance of probabilities? (Ontario, Canada)
What is the evidentiary burden of proving badges of fraud? (Ontario, Canada)
Can a party who makes unfounded allegations against lawyers acting for the opposing party be sanctioned by the court with indemnity costs? (Ontario, Canada)
