Digest: Hampton v Hampton Estate, 2018 SKQB 200

Date:July 18, 2019

Reported as: 2018 SKQB 200

Docket Number: QB17585 , QBS 131/17 JCMJ

Court: Court of Queen's Bench

Date: 2019-07-18


  • Elson


  • Wills and Estates

Digest: The applicants sought an order that probate issue to them in respect of the will of the testatrix, who died in February 2017. The testatrix and her husband had executed mirror wills in 2012. The husband died in June 2017. The two named each other as the first-named executors and first-named beneficiaries; after that, the contingent beneficiaries and alternate executors were the same. Neither will specified a time required for one spouse to survive the other before the alternate executorship and bequests were to take effect.
HELD: The application was dismissed. The court found that it was necessary for the applicants to first obtain probate for the will of the husband.

Statutes Considered:

  • Trustee Act, 2009, SS 2009, c T-23.01, s 13

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