Dugas v. Amiot

Dugas v. Amiot

The Court held that verification of a holograph will does not shift the burden of proof to those contesting the will; a verification founded on a false affidavit can be set aside under the Code of Civil Procedure, and once the verification was annulled the proponent failed to prove the genuineness of the codicil, requiring dismissal of the appeal.

Citation
[1929] SCR 600
Parties
Appellant / Plaintiff: Dame Georgiana E. Dugas; Respondents: Oscar Amiot and Others (Mis-en-cause); Deceased / Testatrix: Marie-Louise Amiot
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
13 June 1929
Procedural Posture
Appeal Will Contest/probate / Final Appeal Decision of the Supreme Court of Canada (on Appeal From Court of King’s Bench, Quebec)
Outcome
Appeal dismissed
Legal Topics
Holograph Will, Verification (probate), Burden of Proof (onus Probandi), Res Judicata, False Affidavit / Annulment of Verification
Source Language
English
Estates Probate Civil Procedure Holograph Will Verification (probate) Burden of Proof (onus Probandi) Res Judicata False Affidavit / Annulment of Verification

Case Brief

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Parties

Dame Georgiana E. Dugas

Appellant / Plaintiff

Oscar Amiot and Others (Mis-en-cause)

Respondents

Marie-Louise Amiot

Deceased / Testatrix

Procedural Posture

Appeal Will Contest/probate / Final Appeal Decision of the Supreme Court of Canada (on Appeal From Court of King’s Bench, Quebec)

Legal Issues

  1. 1 Whether verification (probate) of a holograph will shifts the burden of proof to persons contesting the will
  2. 2 Whether a judgment of verification constitutes res judicata
  3. 3 Whether a verification founded on a false affidavit can be set aside and by what remedy

Ratio Decidendi

The Court held that verification of a holograph will does not shift the burden of proof to those contesting the will; a verification founded on a false affidavit can be set aside under the Code of Civil Procedure, and once the verification was annulled the proponent failed to prove the genuineness of the codicil, requiring dismissal of the appeal.

Court Disposition

Appeal dismissed

Orders

  • Judgment of the Court of King’s Bench (Q.O.R. 45 K.B. 85) affirmed
  • Verification (probate) of the codicil annulled