Refusal to honour codicil was found to be shocking affront to deceased's dying wish

Estates and Trusts – Estates - Actions involving personal representatives

Deceased's nieces were sole beneficiaries under her will, and deceased's friend was appointed estate trustee of will. Friend refused to honour holograph codicil to will made several days before death. Refusal to honour codicil was found to be shocking affront to deceased's dying wish, and niece's application to pass over friend as estate trustee and have themselves appointed as estate trustees was granted. Parties made submissions on costs. Costs awarded to nieces. Friend acted unreasonably and delayed administration of estate. Nieces served offer to settle that was open until hearing and was better than outcome obtained by friend. Application was important to nieces and was only necessary due to breakdown of relationship between friend and nieces. Nieces were awarded costs in amount of $29,276.15 inclusive of HST and disbursements, to be paid by friend personally. Amount was to be set off against any executor compensation that may be due to friend.

Ford v. Mazman (2019), 2019 CarswellOnt 2572, 2019 ONSC 1297, A.A. Casullo J. (Ont. S.C.J.); additional reasons (2019), 2019 CarswellOnt 853, 2019 ONSC 542, Casullo J. (Ont. S.C.J.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Working from home not so popular with Law Times readers

Recent cases highlight issues with arbitration in Ontario

AG appoints Marie Hubbard as interim associate chairwoman of LPAT

Juristes Power Law welcomes new lawyer

International group of firms help secure new home for Peppa Pig

Appeal shows power of physical exhibits in IP, says lawyer

Most Read Articles

Law Society of Ontario names new equity and Indigenous affairs committee members

Law professor Ryan Alford granted standing in national security law challenge

Amid enactment of sweeping law enforcement Bill C-75, LSO seeks status quo for students, paralegals

LSO must stand up for racialized licensees, says prospective returning bencher