From Estate, 2019 ABQB 988
Judge | Honourable Madam Justice J.H. Goss |
Citation | 2019 ABQB 988 |
Docket Number | ES03 149077 |
Court | Court of Queen's Bench of Alberta (Canada) |
Date | 20 December 2019 |
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5 practice notes
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Campbell v Ensminger,
...January 8, 2016 Will be probated and administered by herself. [56] She relies upon From Estate, 2019 ABQB 988, which confirms the prior authorities in determining the tests for testamentary capacity and for challenging a will. While a will that has ......
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Morin Estate (Re),
...of fact to be determined from all the circumstances, on an assessment that is highly individualized and fact-specific: From Estate, 2019 ABQB 988, para 121. Medical evidence may sometimes be helpful, but often the evidence of lay witnesses is more important, even determinative: Laszlo v Law......
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Arena Estate (Re), 2020 ABQB 206
...of fact to be determined from all the circumstances, on an assessment that is highly individualized and fact-specific: From Estate, 2019 ABQB 988, para 121. Medical evidence may sometimes be helpful, but often the evidence of lay witnesses is more important, even determinative: Laszlo v Law......
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Magnuson Estate,
...it must be sworn on the basis of the personal knowledge of the affiant: Murphy v Cahill, 2012 ABQB 793 at para 25 [ Murphy]; From Estate, 2019 ABQB 988 at para 103; Moore v Wetaskiwin Friends and Horizons Training, 2022 ABKB 617 at para 34 [ Moore]. To rely on inadmissible hearsay evidence ......
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4 cases
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Campbell v Ensminger,
...January 8, 2016 Will be probated and administered by herself. [56] She relies upon From Estate, 2019 ABQB 988, which confirms the prior authorities in determining the tests for testamentary capacity and for challenging a will. While a will that has ......
-
Morin Estate (Re),
...of fact to be determined from all the circumstances, on an assessment that is highly individualized and fact-specific: From Estate, 2019 ABQB 988, para 121. Medical evidence may sometimes be helpful, but often the evidence of lay witnesses is more important, even determinative: Laszlo v Law......
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Arena Estate (Re), 2020 ABQB 206
...of fact to be determined from all the circumstances, on an assessment that is highly individualized and fact-specific: From Estate, 2019 ABQB 988, para 121. Medical evidence may sometimes be helpful, but often the evidence of lay witnesses is more important, even determinative: Laszlo v Law......
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Magnuson Estate,
...it must be sworn on the basis of the personal knowledge of the affiant: Murphy v Cahill, 2012 ABQB 793 at para 25 [ Murphy]; From Estate, 2019 ABQB 988 at para 103; Moore v Wetaskiwin Friends and Horizons Training, 2022 ABKB 617 at para 34 [ Moore]. To rely on inadmissible hearsay evidence ......
1 firm's commentaries
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How Memory Issues And Delusional Beliefs Invalidated A Will
...lack the mental capacity required to make a valid Will. A recent decision from the Alberta Court of Queen's Bench (Re: From Estate, 2019 ABQB 988) highlights some important considerations regarding the issue of The Deceased The Deceased at the heart of this case, Lorne From, died at the age......