Mawhinney v Scobie, 2019 ABCA 76
| Judge | O’Ferrall; Crighton; Khullar |
| Court | Court of Appeal (Alberta) |
| Case Date | February 27, 2019 |
| Jurisdiction | Alberta |
| Citations | 2019 ABCA 76 |
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8 practice notes
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From Estate, 2019 ABQB 988
...of the court whether to order that the will should be formally proved at trial, or some other form of hearing: Mawhinney v Scobie, 2019 ABCA 76, para 36, leave to appeal denied 2019 CanLII 73207 (SCC). [102] The test for determining whether a trial is necessary to formally prove a will or w......
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Morin Estate (Re),
...use the parties’ first names for ease of reference, intending no disrespect. [3] Ronald is no longer part of the challenger group. [4] 2019 ABCA 76 at paras 31-37 [5] Paragraph 9 reads (in part): “… [The court below] acknowledged that the testator presumptively had capacity to make a will, ......
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Roy v. Cashen Estate, 2019 NSCA 62
...of a deed is a question of law (Cook v. Podgorski, 2013 NSCA 47, ¶12; Metlin v. Kolstee, 2002 NSCA 81, ¶70; Mawhinney v. Scobie, 2019 ABCA 76, ¶20; Tim Ludwig Professional Corporation v. BDO Canada LLP, 2017 ONCA 292, [17] The argument that......
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Wednesday: What’s Hot on CanLII
...excessive it would outrage the standards of decency (Check for commentary on CanLII Connects) 2. Mawhinney v Scobie, 2019 ABCA 76 [59] While the case management judge was not satisfied that suspicious circumstances had been established by the applicant, he was prepared to permit her to addu......
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3 cases
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From Estate, 2019 ABQB 988
...of the court whether to order that the will should be formally proved at trial, or some other form of hearing: Mawhinney v Scobie, 2019 ABCA 76, para 36, leave to appeal denied 2019 CanLII 73207 (SCC). [102] The test for determining whether a trial is necessary to formally prove a will or w......
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Morin Estate (Re),
...use the parties’ first names for ease of reference, intending no disrespect. [3] Ronald is no longer part of the challenger group. [4] 2019 ABCA 76 at paras 31-37 [5] Paragraph 9 reads (in part): “… [The court below] acknowledged that the testator presumptively had capacity to make a will, ......
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Roy v. Cashen Estate, 2019 NSCA 62
...of a deed is a question of law (Cook v. Podgorski, 2013 NSCA 47, ¶12; Metlin v. Kolstee, 2002 NSCA 81, ¶70; Mawhinney v. Scobie, 2019 ABCA 76, ¶20; Tim Ludwig Professional Corporation v. BDO Canada LLP, 2017 ONCA 292, [17] The argument that......
3 firm's commentaries
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Understanding the Use of No Contest Clauses In Alberta: Anderson Estate, 2017 ABQB 422 And Mawhinney v Scobie, 2019 ABCA 76
...excluded from the application of the no contest clause under exception (b) of the clause. This holding was appealed. Mawhinney v Scobie, 2019 ABCA 76 The Alberta Court of Appeal (the "Appeal Court") in Mawhinney considered the following two issues in the appeal of Anderson Does an applicati......
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Discouraging Family Fights From The Grave
...stand to gain more from a previous will. On February 27, 2019, the Alberta Court of Appeal released its decision in Mawhinney v Scobie, 2019 ABCA 76 [Scobie], a seminal decision in the drafting and interpretation of no-contest clauses. The Alberta Court of Appeal allowed the appeal argued b......
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Discouraging Family Fights from the Grave
...stand to gain more from a previous will. On February 27, 2019, the Alberta Court of Appeal released its decision in Mawhinney v Scobie, 2019 ABCA 76 [Scobie], a seminal decision in the drafting and interpretation of no-contest clauses. The Alberta Court of Appeal allowed the appeal argued b......
1 books & journal articles
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BenchPress.
...in the forfeiture of Ms. Mawhinney's interest under the August Will depends of whether her challenge succeeds." Mawhinney v Scobie, 2019 ABCA 76 Gap in Sex Offender Registration Laws A man identified as G was accused of sexually assaulting his wife while in a manic state. He was found not c......