Hull on Estates

← Hull on Estates17 sept · 23 min

752 - Fraud and Fabricated Wills in Probate: Lessons for Estate Practitioners from R. v. Konashewych

752 - Fraud and Fabricated Wills in Probate: Lessons for Estate Practitioners from R. v. Konashewych17 sept23 min

This week on Hull on Estates, Doreen So and Kagan Acar discuss R. v. Konashewych, 2026 ONCA 497, in which the Ontario Court of Appeal upheld the fraud convictions of a police officer and an employee of the Office of the Public Guardian and Trustee who produced a fabricated will and pushed it through the probate process to transfer a vulnerable adult's estate to a fraudulent beneficiary. The episode explores how the fabricated will passed through probate on the strength of a third-party affidavit, why the Court held that fabrication could be proven without expert handwriting evidence, and the lessons the case offers for scrutinizing late-emerging wills.