Kozak Estate (Re), 2018 ABQB 185

JudgeHonourable Mr. Justice W. N. Renke
Citation2018 ABQB 185
Docket NumberES12 35353
CourtCourt of Queen's Bench of Alberta (Canada)
Date13 March 2018
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12 practice notes
  • Mitchell v Pytel,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 21 Mayo 2021
    ...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
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 5 Diciembre 2018
    ...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
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 10 Abril 2018
    ...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,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 5 Mayo 2022
    ...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,......
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11 cases
  • Schell Estate (Re), 2018 ABQB 991
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 5 Diciembre 2018
    ...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,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 21 Mayo 2021
    ...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
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 10 Abril 2018
    ...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,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 5 Mayo 2022
    ...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
    • Canada
    • Mondaq Canada
    • 14 Agosto 2018
    ...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......

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