Kozak Estate (Re), 2018 ABQB 185
Judge | Honourable Mr. Justice W. N. Renke |
Citation | 2018 ABQB 185 |
Docket Number | ES12 35353 |
Court | Court of Queen's Bench of Alberta (Canada) |
Date | 13 March 2018 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
12 practice notes
-
Mitchell v Pytel,
...promote interests that would not have been promoted absent the improper influence. See, in the testamentary context, Kozak Estate (Re), 2018 ABQB 185 at paras 3-8; McInnes at [132] On the evidence in this case, Mr. Pytel engaged in neither actual nor presumed undue i......
-
Schell Estate (Re), 2018 ABQB 991
...does not reflect her will, but the will of another, who has “. . . expressed his or her will through the testator” (Kozak Estate (Re), 2018 ABQB 185 at para 3). In Kozak Estate, Renke J provided a cogent and helpful summary of the law concerning undue influence, noting the emphasis in the a......
-
Kozak Estate (Re), 2018 ABQB 272
...the January 2012 Will were the product of undue influence exerted by Maryann and I declared the Wills to be invalid (Kozak Estate (Re), 2018 ABQB 185). Yvonne was the successful party. The determination of costs was adjourned to be dealt with on the basis of written [4] I have reviewed the ......
-
Campbell v Ensminger,
...in the outcome of the case, that alone is not enough to degrade the probative value of their evidence (relying upon Kozak Estate (Re), 2018 ABQB 185 at para 22, citing R v Laboucan, 2010 SCC 12), and that taken with the high ethical standards imposed upon Mr. Thorsteinson and Mr. Ensminger,......
Request a trial to view additional results
11 cases
-
Schell Estate (Re), 2018 ABQB 991
...does not reflect her will, but the will of another, who has “. . . expressed his or her will through the testator” (Kozak Estate (Re), 2018 ABQB 185 at para 3). In Kozak Estate, Renke J provided a cogent and helpful summary of the law concerning undue influence, noting the emphasis in the a......
-
Mitchell v Pytel,
...promote interests that would not have been promoted absent the improper influence. See, in the testamentary context, Kozak Estate (Re), 2018 ABQB 185 at paras 3-8; McInnes at [132] On the evidence in this case, Mr. Pytel engaged in neither actual nor presumed undue i......
-
Kozak Estate (Re), 2018 ABQB 272
...the January 2012 Will were the product of undue influence exerted by Maryann and I declared the Wills to be invalid (Kozak Estate (Re), 2018 ABQB 185). Yvonne was the successful party. The determination of costs was adjourned to be dealt with on the basis of written [4] I have reviewed the ......
-
Campbell v Ensminger,
...in the outcome of the case, that alone is not enough to degrade the probative value of their evidence (relying upon Kozak Estate (Re), 2018 ABQB 185 at para 22, citing R v Laboucan, 2010 SCC 12), and that taken with the high ethical standards imposed upon Mr. Thorsteinson and Mr. Ensminger,......
Request a trial to view additional results
1 firm's commentaries
-
Recognizing And Understanding Undue Influence In Estate Planning
...made in the will did not reflect the true wishes of the testator and were obtained by undue influence. Kozak Estate In Kozak Estate (Re), 2018 ABQB 185 ("Kozak"), Theodore Kozak ("Ted") entered into a relationship with Maryann Seafoot ("Maryann") in 2011 with the stated intention to be marr......