Billette v. Vallée

Billette v. Vallée

The Court held that probate/verification of a holograph will is prima facie (juris tantum) evidence of its validity and, absent the heirs' sworn declaration that they do not know the testatrix's handwriting, the will is presumed acknowledged; the burden to prove forgery lies on the party attacking the will and the appellant failed to discharge that burden, so the appeal is dismissed.

Citation
[1931] SCR 314
Parties
Appellant/plaintiff: Philorum Billette; Respondent/defendant: Stephen Vallée
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 April 1930
Procedural Posture
Appeal Per Saltum (probate / Will Contest) / On Appeal From the Superior Court, Province of Quebec; Judgment Below Dismissing Appellant's Action
Outcome
Appeal dismissed with costs; judgment of Superior Court affirmed.
Legal Topics
Holograph Will, Probate Verification, Presumption Juris Tantum, Burden of Proof (onus Probandi), Prescription / Limitation
Source Language
English
Estates Probate Evidence Civil Procedure Holograph Will Probate Verification Presumption Juris Tantum Burden of Proof (onus Probandi) +1 more

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Parties

Philorum Billette

Appellant/plaintiff

Stephen Vallée

Respondent/defendant

Procedural Posture

Appeal Per Saltum (probate / Will Contest) / On Appeal From the Superior Court, Province of Quebec; Judgment Below Dismissing Appellant's Action

Legal Issues

  1. 1 Whether probate/verification of a holograph will constitutes prima facie evidence of its validity
  2. 2 On whom lies the burden of proof to show that a will or signature is forged
  3. 3 Effect of failure of heirs to declare under oath that they do not know the testator's handwriting or signature

Ratio Decidendi

The Court held that probate/verification of a holograph will is prima facie (juris tantum) evidence of its validity and, absent the heirs' sworn declaration that they do not know the testatrix's handwriting, the will is presumed acknowledged; the burden to prove forgery lies on the party attacking the will and the appellant failed to discharge that burden, so the appeal is dismissed.

Court Disposition

Appeal dismissed with costs; judgment of Superior Court affirmed.

Orders

  • Appeal dismissed with costs
  • Action for annulment dismissed; probate of the holograph will upheld