Holyk (Estate), Re, (1992) 103 Sask.R. 1 (SurCt)
| Judge | Scheibel, J. |
| Case Date | March 18, 1992 |
| Jurisdiction | Saskatchewan |
| Citations | (1992), 103 Sask.R. 1 (SurCt) |
Holyk (Estate), Re (1992), 103 Sask.R. 1 (SurCt)
MLB headnote and full text
In The Estate Of Michael Holyk
(Surrogate Court No. 674/92)
Indexed As: Holyk (Estate), Re
Saskatchewan Surrogate Court
Scheibel, J.
March 18, 1992.
Summary:
An application was brought to admit a purported holograph will to probate. The handwritten document contained a number of names and descriptions of property.
The Saskatchewan Surrogate Court dismissed the application.
Wills - Topic 62
Testamentary instruments - Holograph wills - What constitutes - An application was brought to admit a purported holograph will to probate - The handwritten document contained a number of names and descriptions of property - The Saskatchewan Surrogate Court held the document did not contain sufficient information to constitute a holograph will under the Wills Act - While there is a presumption of validity with respect to a holograph will, the document must contain a deliberate, fixed and final intention to dispose of the testator's property at his death and the requests of the testator must be clear enough to be interpreted with some certainty.
Cases Noticed:
White v. Pollok (1882), 7 A.C. 400, refd to. [para. 3].
Castle v. Toree (1837), 2 Moo. PCC 133, refd to. [para. 3].
Gray, Re, [1958] S.C.R. 392, refd to. [para. 3].
Canada Permanent Trust Co. v. Bowman, [1962] S.C.R. 711, refd to. [para. 3].
Currie v. Potter, [1981] 6 W.W.R. 377; 12 Man.R.(2d) 396 (Q.B.), refd to. [para. 4].
Statutes Noticed:
Wills Act, R.S.S. 1978, c. W-14, generally [para. 2].
Authors and Works Noticed:
Feeney, Thomas G., The Canadian Law of Wills, vol. 1, p. 47 [para. 2].
Williams on Wills (5th Ed.), vol. 1, p. 76 [para. 3].
Counsel:
F.W. Johnson, for the petitioner.
This application was heard before Scheibel, J., of the Saskatchewan Surrogate Court, who delivered the following decision on March 18, 1992.
To continue reading
Request your trial
-
Bellamy Estate, Re, (2011) 374 Sask.R. 175 (QB)
...there is a presumption of validity with respect to a holograph will, wherein she states at paragraph 25: "[26] In Holyk (Estate), Re (1992), 103 Sask.R. 1 (Surr. Ct.), Scheibel, J., held that a handwritten document must contain a deliberate fixed and final intention to dispose of the testat......
-
Nyberg Estate, Re, (2012) 397 Sask.R. 183 (QB)
...must "indicate a deliberate, fixed and final intention to dispose of the testator's property at his death". ( Holyk (Estate), Re (1992), 103 Sask. R. 1 (Sask.Q.B.), [1992] S.J. No. 166 (QL)) In Yarmie Estate, Re, 2008 SKQB 74, 313 Sask. R. 160, the court observed at para 17: ....a holograph......
-
Holyk Estate, Re, (1992) 100 Sask.R. 266 (CA)
...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......
-
Holyk Estate, Re, (1992) 110 Sask.R. 39 (SurCt)
...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......
-
Bellamy Estate, Re, (2011) 374 Sask.R. 175 (QB)
...there is a presumption of validity with respect to a holograph will, wherein she states at paragraph 25: "[26] In Holyk (Estate), Re (1992), 103 Sask.R. 1 (Surr. Ct.), Scheibel, J., held that a handwritten document must contain a deliberate fixed and final intention to dispose of the testat......
-
Nyberg Estate, Re, (2012) 397 Sask.R. 183 (QB)
...must "indicate a deliberate, fixed and final intention to dispose of the testator's property at his death". ( Holyk (Estate), Re (1992), 103 Sask. R. 1 (Sask.Q.B.), [1992] S.J. No. 166 (QL)) In Yarmie Estate, Re, 2008 SKQB 74, 313 Sask. R. 160, the court observed at para 17: ....a holograph......
-
Holyk Estate, Re, (1992) 100 Sask.R. 266 (CA)
...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......
-
Holyk Estate, Re, (1992) 110 Sask.R. 39 (SurCt)
...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......