Holyk Estate, Re, (1992) 110 Sask.R. 39 (SurCt)

• Judge: Dielschneider, J.
• Case Date: July 27, 1992
• Jurisdiction: Saskatchewan
• Citations: (1992), 110 Sask.R. 39 (SurCt)

Holyk Estate, Re (1992), 110 Sask.R. 39 (SurCt)

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.

(1992 No. 674)

Indexed As: Holyk Estate, Re

Saskatchewan Surrogate Court

Judicial Centre of Regina

Dielschneider, J.

July 27, 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 holograph will.

The Saskatchewan Court of Appeal, in a decision reported at 100 Sask.R. 266, allowed the appeal and ordered a trial of the issue to determine whether the memorandum constituted a valid holographic will.

The Saskatchewan Surrogate Court ordered probate of the document as the last will and testament of the deceased.

Wills - Topic 62

Testamentary instruments - Holograph wills - What constitutes - Rempel peti­tioned for probate of a handwritten mem­orandum as the last will and testament of Holyk - The document contained 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 - Pawliw, Holyk's neighbour, testified that Holyk confided that he intended suicide because of fear of losing his assets in a pending law suit - Holyk gave Pawliw a key to his house and access to his papers - Found with the memorandum were two documents concerning the making of a will - The Saskatchewan Surrogate Court ordered probate of the memorandum.

Wills - Topic 63

Testamentary interests - Holograph wills - Validity of - [See Wills - Topic 62 ].

Wills - Topic 1588

Preparation and execution - Formal valid­ity - Evidence and proof - [See Wills - Topic 62 ].

Cases Noticed:

Bunn Estate, Re (1991), 89 Sask.R. 205 (Sur. Ct.), consd. [para. 12].

Statutes Noticed:

Wills Act, R.S.S. 1978, c. W-14, sect. 35.1 [para. 11].

Authors and Works Noticed:

Basic Information Required for Comple­tion of a Will, generally [para. 7].

Planning Your Will, generally [para. 7].

Counsel:

Geoff Cochrane, for the petitioner Freda Rempel;

Darryl Brown, for the Public Trustee;

No one appeared for Renee Susan O'Con­nell.

This application was heard in Regina, Saskatchewan, by Dielschneider, J., of the Saskatchewan Surrogate Court who delivered the following decision on July 27, 1992.