Grant Estate, Re, (1980) 3 Sask.R. 135 (CA)

• Judge: Culliton, C.J.S., Hall and Bayda, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: February 26, 1980
• Jurisdiction: Saskatchewan
• Citations: (1980), 3 Sask.R. 135 (CA)

Grant Estate, Re (1980), 3 Sask.R. 135 (CA)

MLB headnote and full text

Re Grant Estate

(Nos. 7200 and 7163)

Dynna, Saskatchewan Heart Foundation and Saskatchewan Association for the Mentally Retarded v. Grant and Grant

Indexed As: Grant Estate, Re

Saskatchewan Court of Appeal

Culliton, C.J.S., Hall and Bayda, JJ.A.

February 26, 1980.

Summary:

This case arose out of an application for the probate of a will and an order by the Surrogate Court judge who directed that an issue be tried as to the testamentary capacity of the deceased. The issue was tried by the Saskatchewan District Court which declared the will in question invalid because the testatrix lacked testamentary capacity. Several legatees under the will appealed to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal allowed the appeal and declared that the will was valid.

Wills - Topic 404

Testamentary capacity - Mental disabilities - Delusions - General principles - The Saskatchewan Court of Appeal referred to the nature of delusions which affect testamentary capacity - See paragraph 12.

Wills - Topic 405

Testamentary capacity - Mental disabilities - Delusions - What constitutes a delusion affecting capacity - A testatrix left her son out of her will because of the testatrix's aversion to the son's wife - The testatrix referred to the son's wife as a "no good Norwegian" - The Saskatchewan Court of Appeal held that such an aversion did not constitute a delusion which affected her testamentary capacity - See paragraph 13.

Wills - Topic 303

Testamentary capacity - General principles - The Saskatchewan Court of Appeal referred to the tests for determining capacity of a testator to make a valid will - See paragraph 6.

Cases Noticed:

Re Sample Estate (1955), 15 W.W.R. 126, refd to. [para. 6].

Authors and Works Noticed:

Feeney, Thomas G., The Canadian Law of Wills, p. 27 [para. 12].

Counsel:

M.W. Henderson, for the appellant;

D.W. Beaubier, for the Saskatchewan Association for the Mentally Retarded;

T.D. Agnew, for the respondents.

This appeal was heard by CULLITON, C.J.S., HALL and BAYDA, JJ.A., of the Saskatchewan Court of Appeal. The judgment of the Saskatchewan Court of Appeal was delivered by CULLITON, C.J.S., at Regina, Saskatchewan, on February 26, 1980.