Wiest v. Jopp-Shelton, 2004 SKQB 222

• Judge: Kovach, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: May 20, 2004
• Jurisdiction: Saskatchewan
• Citations: 2004 SKQB 222;(2004), 248 Sask.R. 293 (QB)

Wiest v. Jopp-Shelton (2004), 248 Sask.R. 293 (QB)

MLB headnote and full text

Temp. Cite: [2004] Sask.R. TBEd. MY.105

Robert Wiest (applicant) v. Shelley Jopp-Shelton (respondent)

(2002 S.U.R. No. 600; 2004 SKQB 222)

Indexed As: Wiest v. Jopp-Shelton

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Kovach, J.

May 20, 2004.

Summary:

A man challenged the last will of his wife who died on June 8, 2002. The man claimed that his wife lacked testamentary capacity and that she was subject to undue influence.

The Saskatchewan Court of Queen's Bench dismissed the man's claims.

Executors and Administrators - Topic 5550

Actions by and against representatives - Costs - Where payable by claimant - A man unsuccessfully challenged the last will of his wife - The Saskatchewan Court of Queen's Bench dismissed the claim and ordered the man to pay the solicitor and client costs of the other parties - The court stated that the litigation was "wholly unnecessary" - See paragraphs 27 to 30.

Wills - Topic 1714

Preparation and execution - Undue influence - Evidence and proof - The Saskatchewan Court of Queen's Bench stated that there must be some basis in fact for the presumption of undue influence to arise - See paragraph 22.

Cases Noticed:

Dieno (Inez) v. Dieno (Jacob) Estate, [1996] 10 W.W.R. 375; 147 Sask.R. 14 (Q.B.), refd to. [para. 17].

Brown v. Zaitsoff Estate (2002), 209 Sask.R. 234; 2001 SKQB 312, refd to. [para. 20].

Bakken Estate, Re (1992), 104 Sask.R. 67 (Q.B.), refd to. [para. 21].

Counsel:

S.G. McLean, for Robert Wiest;

M.W. Douglas, for Shelley Jopp-Shelton.

The case was heard by Kovach, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following decision on May 20, 2004.