St. Coeur Estate v. St. Coeur, (2014) 422 N.B.R.(2d) 210 (ProbCt)

• Judge: Riordon, J.
• Case Date: April 15, 2014
• Jurisdiction: New Brunswick
• Citations: (2014), 422 N.B.R.(2d) 210 (ProbCt)

St. Coeur Estate v. St. Coeur (2014), 422 N.B.R.(2d) 210 (ProbCt);

    422 R.N.-B.(2e) 210; 1096 A.P.R. 210

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2014] N.B.R.(2d) TBEd. JL.034

Renvoi temp.: [2014] N.B.R.(2d) TBEd. JL.034

Ronald St. Coeur on behalf of the Estate of Marie Anne (Anne) St. Coeur (applicant) v. Gerald St. Coeur, Germaine St. Coeur and Delia St. Coeur (respondents)

(NP-41-2012)

Indexed As: St. Coeur Estate v. St. Coeur

Répertorié: St. Coeur Estate v. St. Coeur

New Brunswick Probate Court

Riordon, J.

July 14, 2014.

Summary:

Résumé:

At issue in this application was whether a handwritten document which was said to be written and signed by the deceased was a valid holograph will and whether Letters Probate should issue to the applicant, Ronald (the deceased's son). The deceased's son and two daughters opposed and contested the application.

The New Brunswick Probate Court allowed the application.

Wills - Topic 62

Testamentary instruments - Holograph will - What constitutes - The deceased died in August 2012 - A document dated June 3, 2010, purported to be the deceased's holograph will - The alleged holograph will named the deceased's son Ronald as executor - Ronald applied for Letters Probate - The deceased's son and two daughters opposed and contested the application - The New Brunswick Probate Court allowed the application - The document signed on June 3, 2010, was in the handwriting of the deceased and the signature affixed at the end of the document was her signature - The technical formal requirements of the Wills Act for completion of the holograph will were complied with by the deceased - The holograph will met the requirements of s. 6 of the Act - It was also, without question, testamentary in nature and reflected the intent of the deceased to dispose of her property upon her death - The document clearly stated it was her Last Will and Testament and that she revoked previous wills - It stated clearly that she left all that she owned at the time of her death to her son, Ronald, and that he was to be her executor - The document was signed at the very bottom - The deceased discussed the document with at least three of her children, saying that it was her will - She kept the document in a secure location with other important papers - She asked her daughter to have two persons sign as witnesses to the document - The testamentary intentions of the deceased were clear and should be carried out - See paragraphs 35 to 49.

Wills - Topic 63

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

Wills - Topic 302

Testamentary capacity - General principles - What constitutes - The deceased died in August 2012 - A document dated June 3, 2010, purported to be the deceased's holograph will - The alleged holograph will named the deceased's son Ronald as executor - Ronald applied for Letters Probate - The deceased's son and two daughters opposed and contested the application, raising testamentary capacity, suspicious circumstances and undue influence - The New Brunswick Probate Court rejected the assertions and allowed Ronald's application - The deceased had testamentary capacity in June 2010 - The evidence was that she was lucid and of sound mind until late June 2012, when it became evident that at times she was confused - Those alleging suspicious circumstances (fraud and undue influence) had the burden of establishing that such, in fact, occurred - The opponents here had not established that any suspicious circumstances took place - There was no evidence that anyone was instrumental in influencing the deceased - There was no evidence that the will had been completed and executed by the practice of fraud - See paragraphs 50 to 58.

Wills - Topic 541

Testamentary capacity - Evidence and proof - Doctrine of suspicious circumstances - [See Wills - Topic 302 ].

Wills - Topic 1704

Preparation and execution - Undue influence - What constitutes - General - [See Wills - Topic 302 ].

Testaments - Cote 62

Actes testamentaires - Testaments olographes - Eléments constitutifs - [Voir Wills - Topic 62 ].

Testaments - Cote 63

Actes testamentaires - Testaments olographes - Validité - [Voir Wills - Topic 63 ].

Testaments - Cote 302

Capacité testamentaire - Principes généraux - Éléments constitutifs - [Voir Wills - Topic 302 ].

Testaments - Cote 541

Capacité testamentaire - Preuve - Doctrine des circonstances prêtant à soupçon - [Voir Wills - Topic 541 ].

Testaments - Cote 1704

Préparation et exécution - Abus d'influence - Éléments constitutifs - Généralités - [Voir Wills - Topic 1704 ].

Cases Noticed:

Clark Estate, Re (1996), 180 N.B.R.(2d) 379; 458 A.P.R. 379 (C.A.), refd to. [para. 53].

Counsel:

Avocats:

Eric P. Sonier, for the applicant;

Gerald St. Coeur, per se;

Germaine St. Coeur, per se;

Delia St. Coeur, per se.

This application was heard on March 10 and 11 and April 15, 2014, by Riordon, J., of the New Brunswick Probate Court, who delivered the following decision on July 14, 2014.