Franklin Estate (Re)

canada, canadian, case law, court opinion, canlii, nlca, 2026nlca30, 2026 nlca 30 (canlii), 2026, nlca, 30, (canlii), 202601h0004, 2026, estates and wills, wills, no, contest clause, testamentary autonomy and judicial oversight, whether a no, contest clause is triggered by litigation connected to a provision of the will, enforcement cannot insulate a personal representative from removal for misconduct, balance between deterring adversarial litigation and preserving court supervision, appeal allowed, matter remitted for rehearing, procedure, appeals, standard of review, whether correctness applies to interpretation of the will and the enforcement test, extricable questions of law where determination based on the language of the will alone, no factual findings pertaining to extrinsic circumstances, correctness adopted for the appeal, estates and wills, estate administration, executrix, whether an application to remove the executrix is “litigation in connection with any of the provisions” of the will, removal challenges the testator’s express intention to appoint the executrix, application not within exceptions for judicial interpretation or directions during administration, no, contest clause triggered, estates and wills, wills, forfeiture conditions, whether the applications judge erred in enforcing the no, contest clause without factual findings, proper test requires assessing whether the proceeding was frivolous and vexatious, unsuccessful proceeding not enough, must be frivolous and vexatious, decision set aside, rehearing ordered, procedure, remedies, costs, whether the matter should be remitted for a new hearing and what costs order should follow, preferable to hear removal and no, contest applications together, but did not occur, costs order below set aside, no order as to costs on the appeal, matter remitted for rehearing in the supreme court