Karen A. Scherl

This motion concerned the validity of a 2016 Will, allegations of undue influence and lack of testamentary capacity, and the removal of a Certificate of Pending Litigation (CPL).

The Respondent, named executrix and residual beneficiary, sought a summary ruling to confirm her status and the will's validity, and to remove the CPL.

The Applicant sought a trial to determine the will's validity.

The court granted the Respondent's motion for a summary ruling, finding the 2016 Will valid and ordering the removal of the CPL, while deferring the issue of interest liability on specific legacies for further submissions.

The plaintiff, a beneficiary of his grandmother's estate, brought a motion for directions and a Norwich Order against the estate trustees.

The plaintiff sought disclosure of the identity of a third party who received the bulk of the deceased's assets through a joint bank account with right of survivorship, which was funded by the sale of the deceased's home while the trustees acted under a Power of Attorney.

Applying the test for a Norwich Order, the court found the plaintiff had a bona fide claim and that disclosure was necessary in the interests of justice to determine if funds were improperly diverted.

The court ordered the trustees to disclose the identity of the joint account holder and produce all related banking documents.