Digest: Karpinski v Zookewich Estate, 2018 SKCA 56

• Date: July 18, 2019

Reported as: 2018 SKCA 56

Docket Number: CACV 3143 , CA17167

Court: Court of Appeal

Date: 2019-07-18

Judges:

• Richards
• Caldwell
• Herauf

Subjects:

• Wills and Estates � Testamentary Capacity � Appeal

Digest: The appellant appealed from the decision of a Queen�s Bench judge in chambers that dismissed his application to have the will of the testator proved in solemn form. The judge held that the testator had not lacked testamentary capacity and there was no evidence of undue influence in the preparation of his will (see: 2018 SKQB 278). The appellant�s grounds were that the judge erred in these findings.
HELD: The appeal was dismissed. The court agreed with the conclusions of the chambers judge.

Statutes Considered:

• Wills Act, 1996, SS 1996, c W-14.1, s 7

Cases Considered:

• Bachman v Scheidt Estate, 2016 SKCA 150, [2017] 2 WWR 301
• Craig v Lamoureux, [1920] AC 349, 50 DLR 10
• Kapacila Estate v Otto, 2010 SKCA 85, 359 Sask R 84
• Karpinski v Lozinski, 2017 SKQB 278
• MacGregor v Ryan, [1965] SCR 757
• Riach v Ferris, [1934] SCR 725
• Royal Trust Corp. of Canada v Ritchie, 2007 SKCA 64, 293 Sask R 238, 33 ETR (3d) 159
• R v Rorquist, [1981] 1 WWR 279, 5 Sask R 94, 56 CCC (2d) 90
• Vout v Hay, [1995] 2 SCR 876, 125 DLR (4th) 431, 183 NR 1, 7 ETR (2d) 209
• Yen Estate v Yen-Zimmerman, 2013 BCCA 423, 49 BCLR (5th) 118