Susan Easterbrook

An estate trustee sought to strike out a beneficiary's notice of objection to accounts on the grounds that the objections were barred by the two-year limitation period under the Limitations Act, 2002.

The court held that a notice of objection to accounts filed in response to an estate trustee's application to pass accounts does not commence a proceeding within the meaning of the Limitations Act and therefore is not subject to the basic two-year limitation period.

The court dismissed the appeal and ordered the estate trustee to pay costs personally, finding his motion to strike was unreasonable and designed to delay the passing of accounts hearing.

The applicant brought a motion for summary judgment to prove a lost will and admit a copy to probate.

The deceased's original will could not be found, raising the presumption of revocation.

The court found the presumption was rebutted by evidence that the deceased was a severe hoarder, making it likely the will was lost in the clutter rather than intentionally destroyed, and by his established solicitor-client relationship.

The court admitted the copy of the will to probate and directed that a bequest to 'VON Woodstock' be paid to VON Oxford.