Watson v. Watson et al., [2004] B.C.T.C. 1724 (SC)
| Judge | R.D. Wilson, J. |
| Court | Supreme Court of British Columbia (Canada) |
| Case Date | December 24, 2004 |
| Jurisdiction | British Columbia |
| Citations | [2004] B.C.T.C. 1724 (SC);2004 BCSC 1724 |
Watson v. Watson, [2004] B.C.T.C. 1724 (SC)
MLB headnote and full text
Temp. Cite: [2005] B.C.T.C. TBEd. FE.031
Re: The Estate of Steve Yelich also known as Stephen Yelich
Frederick Anthony Watson (plaintiff) v. Mary Watson, Gerry Watson, Glen Watson, Mary Yelich and Art Yelich (defendants)
(13120; 2004 BCSC 1724)
Indexed As: Watson v. Watson et al.
British Columbia Supreme Court
Smithers
R.D. Wilson, J.
December 24, 2004.
Summary:
This headnote contains no summary.
Wills - Topic 302
Testamentary capacity - General principles - What constitutes - See paragraphs 1 to 73.
Wills - Topic 541
Testamentary capacity - Evidence and proof - Doctrine of suspicious circumstances - See paragraphs 1 to 73.
Wills - Topic 1704
Preparation and execution - Undue influence - What constitutes - General - See paragraphs 1 to 73.
Cases Noticed:
Inspiration Management Ltd. v. McDermid St. Lawrence Ltd. (1989), 36 B.C.L.R.(2d) 202 (C.A.), refd to. [para. 20, footnote 1].
Mattu v. Mattu et al. (2001), 151 B.C.A.C. 286; 249 W.A.C. 286; 2001 BCCA 140, refd to. [para. 22, footnote 2].
Anglo Canadian Shipping Co. v. Pulp, Paper and Woodworkers of Canada, Local 8 (1988), 27 B.C.L.R.(2d) 378 (C.A.), refd to. [para. 23, footnote 3].
Kolacz v. Burdeinei et al. (1997), 194 A.R. 321 (Q.B.), refd to. [para. 36, footnote 4].
Hay Estate, Re, [1995] 2 S.C.R. 876; 183 N.R. 1; 82 O.A.C. 161; 125 D.L.R.(4th) 431, refd to. [para. 64, footnote 5].
Vout v. Hay - see Hay Estate, Re.
Chalmers v. Uzelac et al. (2004), 204 B.C.A.C. 291; 333 W.A.C. 291; 2004 BCCA 533, refd to. [para. 67, footnote 6].
Counsel:
T.R. Buri, Q.C., for the plaintiff;
G.E. Greene, for the defendants, Watson;
No one appeared for the defendants, Yelich.
This motion was heard on December 7 and 8, 2004, before R.D. Wilson, J., of the British Columbia Supreme Court, who delivered the following decision on December 24, 2004.
Please note: The following judgment has not been edited.
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Allart Estate et al. v. Allart, [2014] B.C.T.C. Uned. 2211 (SC)
...fall within the class of persons testators usually remember in their wills, that is to say their next of kin. [35] In Watson v. Watson , 2004 BCSC 1724, at para. 64, Mr. Justice Wilson emphasized it is not sufficient that circumstances create a general miasma of suspicion that something uns......
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Linde v. Linde, 2019 BCSC 1585
...Local 8 (1988), 27 B.C.L.R. 2(d) 378 (C.A.), as those cases were summarized by Justice R.D. Wilson in Watson v. Watson and Yelich, 2004 BCSC 1724 at paras. 19 to 24. The plaintiffs also rely on the comments of Justice Rogers in Barkwell v. Parchomchuk, 2010 BCSC 951, where he found that any......
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Woods et al. v. Woods Estate et al., 2013 BCSC 1030
...be described as "suspicious circumstances", the legal requirement is more stringent. As Wilson J. stated in Watson v. Watson and Yelich , 2004 BCSC 1724 at para. 64: It is not sufficient that circumstances create a general miasma of suspicion that something unsavoury may have occurred. Rath......
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Chou (Re),
...from the translator. In giving effect to the will despite that evidentiary gap, Betton J. referred to Watson v. Watson and Yelich, 2004 BCSC 1724, at para 64, where Wilson J. stated that “[it] is not sufficient that circumstances create a general miasma of suspicion that something un......
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Allart Estate et al. v. Allart, [2014] B.C.T.C. Uned. 2211 (SC)
...fall within the class of persons testators usually remember in their wills, that is to say their next of kin. [35] In Watson v. Watson , 2004 BCSC 1724, at para. 64, Mr. Justice Wilson emphasized it is not sufficient that circumstances create a general miasma of suspicion that something uns......
-
Linde v. Linde, 2019 BCSC 1585
...Local 8 (1988), 27 B.C.L.R. 2(d) 378 (C.A.), as those cases were summarized by Justice R.D. Wilson in Watson v. Watson and Yelich, 2004 BCSC 1724 at paras. 19 to 24. The plaintiffs also rely on the comments of Justice Rogers in Barkwell v. Parchomchuk, 2010 BCSC 951, where he found that any......
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Woods et al. v. Woods Estate et al., 2013 BCSC 1030
...be described as "suspicious circumstances", the legal requirement is more stringent. As Wilson J. stated in Watson v. Watson and Yelich , 2004 BCSC 1724 at para. 64: It is not sufficient that circumstances create a general miasma of suspicion that something unsavoury may have occurred. Rath......
-
Chou (Re),
...from the translator. In giving effect to the will despite that evidentiary gap, Betton J. referred to Watson v. Watson and Yelich, 2004 BCSC 1724, at para 64, where Wilson J. stated that “[it] is not sufficient that circumstances create a general miasma of suspicion that something un......
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Suspicious Circumstances Bhalla Estate, 2017 BCSC 1867
...decision- or will-making. Suspicious circumstances are not easily made out. As noted by Justice Wilson in Watson v. Watson & Yelich, 2004 BCSC 1724, "it is not sufficient that circumstances create a general miasma of suspicion that something unsavory may have occurred"; rather, there mu......