Case information

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Canadian Charter — Wills and estates — Wills — Grant of probate — Whether the lower courts breached ss. 7, 12 or 15 of the Charter in their handling of this case — Whether the deceased’s tax records support the conclusions of the lower courts.

Hsieu Chang, who was predeceased by her husband in 2001, died on May 25, 2007. In her will, Ms. Chang bequeathed Mr. Chang with $10, the remainder to be divided between her other children, Ms. Leung, who acted as Ms. Chang’s executrix, and the other respondents. The will indicated that the minimal bequest to Mr. Chang reflected their poor relationship and the financial aid she had provided in the form of his interest in the Surrey property. In a codicil, Ms. Chang added that she had limited his inheritance due to his receipt of the proceeds from the sale of a property in Shanghai, and because she did not think he needed her financial support.

When Ms. Leung applied for probate of her mother’s estate, Mr. Chang opposed the application. In 2009, an order of probate was granted. When Mr. Chang appealed, the order was set aside and the matter was remitted for determination of issues of undue influence and testamentary capacity. The trial judge admitted the will into probate, dismissing claims of lack of capacity, undue influence, competence, and irrational provisions. Mr. Chang’s appeal was dismissed.