Letwinetz Estate, Re, (1983) 27 Sask.R. 59 (SurCt)

• Judge: Walker, J.
• Case Date: October 06, 1983
• Jurisdiction: Saskatchewan
• Citations: (1983), 27 Sask.R. 59 (SurCt)

Letwinetz Estate, Re (1983), 27 Sask.R. 59 (SurCt)

MLB headnote and full text

Re Letwinetz Estate

(S.C. 95 of A.D. 1983)

Indexed As: Letwinetz Estate, Re

Saskatchewan Surrogate Court

Judicial Centre of Melfort

Walker, J.

October 6, 1983.

Summary:

The executor of a holograph will petitioned for letters probate.

The Saskatchewan Surrogate Court admitted the will to probate, subject to the filing of an affidavit to replace the executor's solemn declaration proving the deceased's handwriting.

Wills - Topic 62

Testamentary instruments - Holograph wills - What constitute - The Saskatchewan Surrogate Court held that a handwritten will having two dates, three signatures by the testator, and unsigned, uninitialled and undated alterations was a valid holograph will - The court admitted the will for probate - See paragraphs 11 to 13.

Wills - Topic 1744

Preparation and execution - Alterations and deletions - Validity of - The deceased left a holograph will containing alterations and additions, which were not signed, initialled or dated - The Saskatchewan Surrogate Court refused to apply the presumption that the alterations were made after the will was executed and treated the alterations as effected before signature and valid - See paragraphs 8 to 12.

Cases Noticed:

Re Webber (1969), 70 W.W.R.(N.S.) 670, appld. [para. 8].

Currie v. Potter and Public Trustee of Manitoba, [1981] 6 W.W.R. 377; 12 Man.R.(2d) 396, appld. [para. 9].

Re Tachibana Estate, 63 W.W.R.(N.S.) 99, refd to. [para. 10].

Statutes Noticed:

Surrogate Court Act, R.S.S. 1978, c. S-66, sect. 38(1) [para. 2].

Wills Act, R.S.S. 1978, c. W-14, sect. 7(2) [para. 4].

Rules of Court (Sask.), Surrogate Court Rules, rule 18(1) [para. 4]; Form 12 [para. 4].

Counsel:

S.J. Nesdoly, for the petitioner.

This petition was heard before Walker, J., of the Saskatchewan Surrogate Court, Judicial Centre of Melfort. The decision of Walker, J., was delivered at Saskatoon, Saskatchewan, on October 6, 1983.