Bachman v. Scheidt Estate, 2015 SUR 592
| Jurisdiction | Saskatchewan |
| Judge | Mills, J. |
| Court | Court of Queen's Bench of Saskatchewan (Canada) |
| Subject Matter | EXECUTORS AND ADMINISTRATORS,WILLS |
| Citation | 2015 SUR 592,2016 SKQB 102 |
| Date | 28 March 2016 |
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7 practice notes
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Digest: Richardson v Hooker Estate, 2018 SKQB 201
...testamentary capacity when she made her will. Rules Considered: QB Rule 16-47 QB Rule 16-49 Cases Considered: Bachman v Scheidt Estate, 2016 SKQB 102, [2016] 11 WWR 380 deBalinhard Estate, Re, 2014 SKQB 162, 447 Sask R 172 Dieno v Dieno Estate, [1996] 10 WWR 375, 147 Sask R 14, 13 ETR (2d) ......
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KYRYLCHUK v. COX, 2017 SKQB 353
...the validity of a will, including where undue influence is alleged. This was the position of the trial judge in Bachman v Scheidt Estate, 2016 SKQB 102 at para 16, [2016] 11 WWR 380, where both testamentary capacity and undue influence had been alleged. The Court of Appeal at least implicit......
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KARPINSKI v. LOZINSKI, 2017 SKQB 278
...Corp. of Canada v Ritchie, 2007 SKCA 64, 293 Sask R 238 [Ritchie], were described by me in the decision of Bachman v Scheidt Estate, 2016 SKQB 102, [2016] 11 WWR 380 [Bachman]. I repeat my comments in paras. 3 through 6 of that decision. 3 A request to prove the will in solemn form and cons......
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Cutts v. Phillips, 2016 SKQB 126
...consistently applied (see deBalinhard Estate , 2014 SKQB 162, 447 Sask R 172; Grams v Grams Estate , 2015 SKQB 374 , Bachman v Scheidt , 2016 SKQB 102). [7] The burden of proof of due execution of the Will and testamentary capacity rests upon the propounder of the Will, Ms. Cutts. The burde......
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6 cases
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KYRYLCHUK v. COX, 2017 SKQB 353
...the validity of a will, including where undue influence is alleged. This was the position of the trial judge in Bachman v Scheidt Estate, 2016 SKQB 102 at para 16, [2016] 11 WWR 380, where both testamentary capacity and undue influence had been alleged. The Court of Appeal at least implicit......
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KARPINSKI v. LOZINSKI, 2017 SKQB 278
...Corp. of Canada v Ritchie, 2007 SKCA 64, 293 Sask R 238 [Ritchie], were described by me in the decision of Bachman v Scheidt Estate, 2016 SKQB 102, [2016] 11 WWR 380 [Bachman]. I repeat my comments in paras. 3 through 6 of that decision. 3 A request to prove the will in solemn form and cons......
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Cutts v. Phillips, 2016 SKQB 126
...consistently applied (see deBalinhard Estate , 2014 SKQB 162, 447 Sask R 172; Grams v Grams Estate , 2015 SKQB 374 , Bachman v Scheidt , 2016 SKQB 102). [7] The burden of proof of due execution of the Will and testamentary capacity rests upon the propounder of the Will, Ms. Cutts. The burde......
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RICHARDSON v. HOOKER, 2018 SKQB 201
...evidence that tends to call testamentary capacity into question, shifts the evidentiary burden to the proponents: see Bachman v Scheidt, 2016 SKQB 102, [2016] 11 WWR 380, aff’d 2016 SKCA 150 at para 8, [2017] 2 WWR 301 [Bachman]; and Dieno, at para 35. As Baynton J. commented in Dieno, at p......
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1 books & journal articles
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Digest: Richardson v Hooker Estate, 2018 SKQB 201
...testamentary capacity when she made her will. Rules Considered: QB Rule 16-47 QB Rule 16-49 Cases Considered: Bachman v Scheidt Estate, 2016 SKQB 102, [2016] 11 WWR 380 deBalinhard Estate, Re, 2014 SKQB 162, 447 Sask R 172 Dieno v Dieno Estate, [1996] 10 WWR 375, 147 Sask R 14, 13 ETR (2d) ......