Published in Derfel Estate Law | Blog
on September 9th, 2020
Family Conflict Results in Long-Term Estate Litigation over Secret Trust and Mutual Wills Agreement
Family life can be complicated, especially when it comes to entitlement to finances. In some cases, conflict looms so large that it causes significant hardship when someone dies and their estate is administered. In a case before the Ontario Court of Appeal earlier this year, a family’s conflict led to lengthy litigation regarding the establishment of a mutual Wills agreement and secret trust.
Parents had mirrored Wills
The Gefens, Elias and Henia, were Holocaust survivors who had been married for 65 years. They immigrated to Canada in 1951 and had three sons: Harvey, Harry, and Yehuda. Elias and Henria had mirror Wills. A mirrored Will is a Will that is entered into at the same time as another, with the exact same terms as that other Will. This is typically used in spouses or common-law partners who name the other beneficiary. So, upon Elias’s death in 2011, his estate passed to Henria, who was the sole executor.
Family conflict resulted in a secret agreement:
I further confirm that my latest will as prepared by Noah has not knowingly been changed by myself to date nor will it be changed during my life. My wife Henia has told me that she also will not change the will either & that our intentions that the estate be divided equally between our 3 sons after our death stands. In my condition I am tired & confused & do not understand everything & I want only Noah to be my lawyer so this will not happen again, any legal documents notwithstanding.
Elias Gefens
