Digest: Wilson v Adams Estate, 2018 SKQB 245

• Date: September 18, 2019

Reported as: 2018 SKQB 245

Docket Number: QB18234 , QBG 120/17 JCE

Court: Court of Queen's Bench

Date: 2019-09-18

Judges:

• Kalmakoff

Subjects:

• Wills and Estates � Testamentary Capacity
• Civil Procedure � Queen�s Bench Rules, Rule 16-46, Rule 16-47
• Real Property � Certificate of Pending Litigation � Discharge

Digest: The plaintiff applied for a declaration that the will of the deceased testatrix was invalid and an order revoking the grant of probate made to the defendant in his capacity of executor of the deceased�s estate. In the alternative, he sought an order requiring the defendant to prove the will in solemn form and directing a trial. Other relief sought included a preservation order to prevent that nothing be done under the grant of probate pending the outcome of this application and for solicitor-client costs to be paid by the estate. The defendants sought an order vacating certificates of pending litigation registered by the plaintiff against certain parcels of land owned by a corporation of which the testatrix was the only shareholder. They also sought an order permitting the defendants to use certain proceeds currently held in trust to pays debts owed to the Canada Revenue Agency by the estate. The testatrix died in 2016 at the age of 93, unmarried and without issue. She had one brother but whether he was still alive was unknown. She or her corporation owned 28 sections of land and 500 head of cattle at the time of her death. The plaintiff was the testatrix�s neighbour and friend and began working for her in 1975. In 2011, he alleged that he agreed to work for her ranching operation full-time, including caring for the entire cattle herd, on the basis that he would receive $1,000 per month to cover his expenses and that he would inherit the ranching operation. The testatrix advised the plaintiff in 2013 that she had put the agreement�s terms in writing but it had not been found. The plaintiff argued that absent such agreement, he would not have continued to work for such low payment. In 2011, the testatrix suffered a heart attack and during her hospitalization, her long-time lawyer met with her about making a will. The lawyer said that he had held power of attorney (POA) for the testator since 2008, but when he met with her in the hospital, she indicated that wanted the defendant to be appointed instead but was undecided about how her estate should be divided. The lawyer prepared a draft will for the testatrix�s consideration, appointing the defendant as executor and granting him significant discretion in the distribution of the estate. The will provided instructions that because the defendant knew that...