Bakken Estate, Re, (1992) 106 Sask.R. 151 (QB)

• Judge: Armstrong, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: October 13, 1992
• Jurisdiction: Saskatchewan
• Citations: (1992), 106 Sask.R. 151 (QB)

Bakken Estate, Re (1992), 106 Sask.R. 151 (QB)

MLB headnote and full text

In The Matter Of the Estate of Oscar Clarence Bakken, late of the Town of Shaunavon, in the Province of Saskatchewan, deceased

Beverly Wayne Bakken (plaintiff) v. Stella Bakken, by Dan Rayner her Litigation Guardian, Leonard Keith Bakken, and the Estate of Oscar Clarence Bakken as represented by the Executrix, Myrtle Deborah Schermerhorn (defendants)

(1991 S.C. No. 139)

Indexed As: Bakken Estate, Re

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Armstrong, J.

October 13, 1992.

Summary:

A testator executed a will on April 16, 1979, when he was 81 years old. The will left practically the entire estate to the testa­tor's adopted son Wayne. The testator's widow Stella and his other adopted son Leonard Keith challenged the will on the basis that the testator lacked testamentary capacity at the time of its making or in the alternative that he was unduly influenced by his son Wayne.

The Saskatchewan Court of Queen's Bench, in a judgment reported 104 Sask.R. 67, held that the will was valid, ordered that probate be granted but deferred an order as to costs.

In the present decision, the Saskatchewan Court of Queen's Bench awarded $10,000 in costs payable out of the estate to Stella and Leonard Keith and refused to award solicitor and client costs.

Practice - Topic 7321

Costs - Costs in probate proceedings - General - Clarence Bakken made a will when he was 81 - He left practically all of his estate to his adoptive son Wayne - Clarence's widow Stella and his other adoptive son Leonard Keith challenged the will - Wayne argued for its validity - The executrix Dolly was added as a party - The will was found valid and probate was granted - The Saskatchewan Court of Queen's Bench awarded $10,000 in costs payable out of the estate to Stella and Leonard Keith - In making its costs order, the court took account of Clarence's and Wayne's intransigence, Wayne's unwilling­ness to volunteer any explanation of any­thing and the unnecessary addition of Dolly as a party - The court refused to award solicitor and client costs.

Practice - Topic 7328

Costs - Costs in probate proceedings - Solicitor and client costs - [See Practice - Topic 7321 ].

Counsel:

Bruce Errol McKay, for the plaintiff;

Murray Walter, for the defendants, Stella Bakken, by Dan Rayner, her litigation guardian and Leonard Keith Bakken;

James Benison, for the defendant, Estate of Oscar Clarence Bakken as represented by the Executrix, Myrtle Deborah Scher­merhorn.

This case was heard before Armstrong, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following decision on October 13, 1992.