[The judge] must consider whether [the plaintiff] has standing to bring an application under Rule 16-46 [of the Queen's Bench Rules], to require proof of the will in solemn form, or for an order revoking the grant of probate under Rule 16-47.
. . . . .
Rule 16-46 ... permits an application by any person who “... is or may be interested in the estate.”
The grammatical and ordinary meaning of the word “may” in Rule 16-46 connotes possibility ... the use of the phrase “may be interested” means that a person does not have to establish a definite interest in the estate to establish standing. A possible interest, within the context of the applicable law and the specific factual circumstances, is enough to ground standing.
Nov 21, 2018READ MORE »