Hix et al. v. Ewachniuk Estate, 2008 BCSC 811
| Jurisdiction | British Columbia |
| Judge | Hinkson, J. |
| Court | Supreme Court of British Columbia (Canada) |
| Subject Matter | WILLS |
| Date | 23 June 2008 |
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8 practice notes
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Hungerford Tomyn Lawrenson and Nichols v. Mide-Wilson, [2011] B.C.T.C. Uned. 1440
...would have to prove that Jack Cewe lacked testamentary capacity. The test for testamentary capacity is modest. In Hix v. Ewachinuk , 2008 BCSC 811, Hinkson J. (as he then was) set out the test at para. 74: ... To be of a sound and disposing mind and memory, a testator must: 1) be aware they......
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Ewachniuk Estate v. Ewachniuk, [2011] B.C.T.C. Uned. 395 (SC)
...pass to the defendant. [8] Mr. Justice Hinkson found the 2004 Will was procured by undue influence and was void: see Hix v. Ewachniuk , 2008 BCSC 811, aff'd 2010 BCCA 317 . [9] Mrs. Ewachniuk died on June 1, 2006. [10] Following the decision of this Court in the aforesaid Hix , letters of ......
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Short v. Ewachniuk,
...he was operating the company in an oppressive manner. [31] In the first case, Hix v. Ewachniuk, 2008 BCSC 811, aff’d 2010 BCCA 317 , Justice Hinkson (as he then was) found that Mr. Ewachniuk had unduly influenced his mother to make a ne......
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Elder Estate v. Bradshaw et al., 2015 BCSC 1266
...of Ms. O'Neil in respect of the 2011 Will? [89] On this issue the defendants commenced their submission by citing Hix v. Ewachniuk , 2008 BCSC 811 at para. 88: [88] Despite the presence of suspicious circumstances, the burden of proving undue influence rests on the plaintiffs. Undue in......
Request a trial to view additional results
8 cases
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Hungerford Tomyn Lawrenson and Nichols v. Mide-Wilson, [2011] B.C.T.C. Uned. 1440
...would have to prove that Jack Cewe lacked testamentary capacity. The test for testamentary capacity is modest. In Hix v. Ewachinuk , 2008 BCSC 811, Hinkson J. (as he then was) set out the test at para. 74: ... To be of a sound and disposing mind and memory, a testator must: 1) be aware they......
-
Ewachniuk Estate v. Ewachniuk, [2011] B.C.T.C. Uned. 395 (SC)
...pass to the defendant. [8] Mr. Justice Hinkson found the 2004 Will was procured by undue influence and was void: see Hix v. Ewachniuk , 2008 BCSC 811, aff'd 2010 BCCA 317 . [9] Mrs. Ewachniuk died on June 1, 2006. [10] Following the decision of this Court in the aforesaid Hix , letters of ......
-
Short v. Ewachniuk,
...he was operating the company in an oppressive manner. [31] In the first case, Hix v. Ewachniuk, 2008 BCSC 811, aff’d 2010 BCCA 317 , Justice Hinkson (as he then was) found that Mr. Ewachniuk had unduly influenced his mother to make a ne......
-
Elder Estate v. Bradshaw et al., 2015 BCSC 1266
...of Ms. O'Neil in respect of the 2011 Will? [89] On this issue the defendants commenced their submission by citing Hix v. Ewachniuk , 2008 BCSC 811 at para. 88: [88] Despite the presence of suspicious circumstances, the burden of proving undue influence rests on the plaintiffs. Undue in......
Request a trial to view additional results