Holyk Estate, Re, (1992) 100 Sask.R. 266 (CA)

• Judge: Tallis, Gerwing and Lane, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: June 02, 1992
• Jurisdiction: Saskatchewan
• Citations: (1992), 100 Sask.R. 266 (CA)

Holyk Estate, Re (1992), 100 Sask.R. 266 (CA);

    18 W.A.C. 266

MLB headnote and full text

In The Matter Of The Estate of Michael Holyk, late of Ituna, in the Province of Saskatchewan, farmer, deceased;

And

In The Matter Of A Petition for Letters Probate of an alleged holograph will.

(No. 1175)

Indexed As: Holyk Estate, Re

Saskatchewan Court of Appeal

Tallis, Gerwing and Lane, JJ.A.

June 5, 1992.

Summary:

Rempel petitioned for probate of a handwritten memorandum as the last will and testament of Michael Holyk. The mem­orandum contained a number of names and descriptions of property.

The Saskatchewan Surrogate Court, in a decision reported at 103 Sask.R. 1, dismissed the petition. Rempel appealed on the ground that there was additional evi­dence that would support her contention that the handwritten memorandum was a valid holographic will.

The Saskatchewan Court of Appeal ordered a trial of the issue to determine whether the memorandum constituted a valid holographic will.

Wills - Topic 63

Testamentary interests - Holograph wills - Validity of - Rempel petitioned for pro­bate of a handwritten memorandum as the last will and testament of Holyk - The memorandum contained a number of names and descriptions of property - Section 35.1 of the Wills Act permitted the court to treat as fully effective a document that did not comply with all of the formal requirements provided the document embodied the deceased's testamentary intentions - The Saskatchewan Surrogate Court dismissed the petition - Rempel appealed on the ground there was addi­tional evidence - The Saskatchewan Court of Appeal ordered the trial of the issue to determine whether the memorandum was a valid holographic will.

Wills - Topic 1588

Preparation and execution - Formal valid­ity - Evidence and proof - [See Wills - Topic 63 ].

Statutes Noticed:

Wills Act, R.S.S. 1978, c. W-14, sect. 7(2), sect. 35.1 [para. 3].

Counsel:

G. Cochrane, for the appellant/petitioner;

D. Brown, for the Public Trustee.

This appeal was heard on June 2, 1992, by Tallis, Gerwing and Lane, JJ.A., of the Saskatchewan Court of Appeal. The court's decision was delivered orally on the same date by Lane, J.A., and the following written reasons delivered on June 5, 1992.