SUPERIOR COURT OF JUSTICE

COUNSEL/ENDORSEMENT SLIP

COURT FILE NO.: CV-23-00704050-00ES

DATE: 25 October 2023

NO. ON LIST: 5

TITLE OF PROCEEDING: KERTESZ v KERTESZ et al IN ESTATE OF SIMON KERTESZ

BEFORE: MR JUSTICE FL MYERS

PARTICIPANT INFORMATION

For Plaintiff, Applicant, Moving Party:

Name of Person Appearing: Tyler Lin Name of Party: Donovan Kochman LLP, Lawyer for the Applicant David William Kertesz Contact Info: tlin@donovankochman.com, 905-361-9787

For Defendant, Respondent, Responding Party:

Name of Person Appearing: Radhika Sharma Name of Party: Office of the Children’s Lawyer, Lawyer for the Minor Respondent Abigail Grace Kertesz Wells Contact Info: radhika.sharma@ontario.ca, 416-779-6644

For Other, Self-Represented:

Name of Person Appearing: Allyson Jamie Wells Name of Party: Respondent Allyson Jamie Wells Contact Info: ajwells79@hotmail.com, 647-456-1188

Name of Person Appearing: Stephen David Kertesz Name of Party: Respondent Stephen David Kertesz Contact Info: skerteszjr@gmail.com, 416-839-6177

Name of Person Appearing: Name of Party: Respondent Geraldine Mary Kertesz Contact Info: geraldinekertesz@gmail.com

ENDORSEMENT

[1] The longer note written by Simon Kertesz before he passed away was plainly intended to be his will. It shows on its face that he had testamentary capacity despite the suspicious circumstances of his death. The documents itself shows that Mr. Kertesz understood the nature of a will. He understood the scope of his assets. He understood the pool of possible beneficiaries. He understood how each of the foregoing interrelated.

[2] The document is also a fixed and final expression of Mr. Kertesz’s dispositive intentions. The circumstances again make that clear as Mr. Kertesz sadly knew that his death was imminent.

[3] The chain of possession of the will document coupled with the lay witness recognition of Mr. Kertesz’s handwriting leave no real doubt that the document was his and is authentic.

[4] Accordingly, I find this an appropriate case the exercise the authority set out in s. 21.1 of the SLRA to recognize the document as a valid will despite the lack of a signature.

[5] The OCL consents although two used vehicles are going to the brothers of the deceased under the will. The vast bulk of the estate and the insurance policies will be held for the child of the deceased and Ms. Wells. Realizations on assets (other than the proceeds of insurance) will be paid into court for the child’s benefit until she turns 18.

[6] This is a proper case for the applicant to be entitled to his costs from the estate. He has acted in the interests of all. The quantum of $27,000 sought is fair, reasonable, and agreed upon with the OCL. The applicant’s firm has given a fee discount to its credit.

[7] The applicant is to be recognized as estate trustee in a Certificate of Estate Trustee with a Will.

[8] Allyson Jamie Wells and Stephen David Kertesz attended the hearing to support the relief sought. Neither had additional submission to make.

[9] I have signed the appropriate form of order filed by counsel.

Justice FL Myers