Topp Estate, Re; Bussiere v. Wilson, (1983) 27 Sask.R. 55 (SurCt)

• Judge: Maurice, J.
• Case Date: April 21, 1983
• Jurisdiction: Saskatchewan
• Citations: (1983), 27 Sask.R. 55 (SurCt)

Topp Estate, Re (1983), 27 Sask.R. 55 (SurCt)

MLB headnote and full text

Re Topp Estate; Bussiere v. Wilson

(S.C. 411 A.D. 1980)

Indexed As: Topp Estate, Re; Bussiere v. Wilson

Saskatchewan Surrogate Court

Judicial Centre of Saskatoon

Maurice, J.

April 21, 1983.

Summary:

A chambers judge ordered that the will of the testatrix be proved in solemn form. The respondent alleged that the testatrix lacked testamentary capacity.

The Saskatchewan Surrogate Court held that the testatrix had capacity and issued letters probate.

Wills - Topic 303

Testamentary capacity - Tests for determining capacity - The Saskatchewan Surrogate Court held that the suicide of the testator, in itself, did not prove testamentary incapacity, although it was a circumstance to be considered - See paragraph 11.

Wills - Topic 407

Testamentary capacity - Mental disabilities - Psychotic or insane delusions - The Saskatchewan Surrogate Court discussed what constituted an insane delusion affecting a testator's testamentary capacity - See paragraphs 12 to 17.

Cases Noticed:

Boughton v. Knight (1873), L.R. 3 P&D 64, refd to. [para. 10].

Hollingsworth v. Boyle (1926), 3 O.W.N. 413, refd to. [para. 11].

Re Pommerehnke's Estate (1979), 16 A.R. 442, refd to. [para. 11].

Re Grant Estate (1980), 3 Sask.R. 135, refd to. [para. 12].

Re Watts, [1933] 2 D.L.R. 800, refd to. [para. 13].

Counsel:

D.J. Kaiser, for the petitioner;

J.L. Robertson, Q.C. and G.S. Lekach, for the respondent.

This case was heard before Maurice, J., of the Saskatchewan Surrogate Court, Judicial Centre of Saskatoon. The decision of Maurice, J., was delivered at Regina, Saskatchewan, on April 21, 1983.