Molinari v. Winfrey et al.

Molinari v. Winfrey et al.

The signed undelivered letter was a plan or instruction to prepare a will later and lacked animus testandi and an operative disposition of property; therefore it did not qualify as a valid holograph will and probate verification did not relieve the proponent of proving testamentary intent.

Citation
[1961] SCR 91
Parties
Defendant/appellant: Evelyn Dini Molinari; Plaintiff/respondent: Adelaide Winfrey; Mis En Cause/third Parties: Albert Fraser and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 November 1960
Procedural Posture
Will/estate Probate Dispute / Appeal to the Supreme Court of Canada From Court of Queen's Bench, Quebec (prothonotary Probate Judgment Contested)
Outcome
Appeal dismissed; judgment of Court of Queen's Bench (appeal side) and trial court affirmed; the letter is not a valid will.
Legal Topics
Holograph Will, Animus Testandi, Letter Will, Probate Verification, Burden of Proof
Source Language
English
Estates Wills Probate Succession Law Holograph Will Animus Testandi Letter Will Probate Verification +1 more

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Parties

Evelyn Dini Molinari

Defendant/appellant

Adelaide Winfrey

Plaintiff/respondent

Albert Fraser and Others

Mis En Cause/third Parties

Procedural Posture

Will/estate Probate Dispute / Appeal to the Supreme Court of Canada From Court of Queen's Bench, Quebec (prothonotary Probate Judgment Contested)

Legal Issues

  1. 1 Whether the undelivered signed letter constituted a valid holograph will
  2. 2 Whether the letter was only instructions for preparation of a later will rather than an actual disposition
  3. 3 Whether the letter disclosed animus testandi (intention to make a will then and there)

Ratio Decidendi

The signed undelivered letter was a plan or instruction to prepare a will later and lacked animus testandi and an operative disposition of property; therefore it did not qualify as a valid holograph will and probate verification did not relieve the proponent of proving testamentary intent.

Court Disposition

Appeal dismissed; judgment of Court of Queen's Bench (appeal side) and trial court affirmed; the letter is not a valid will.

Orders

  • Appeal dismissed with costs
  • Judgments of the Superior Court and Court of Queen's Bench (Appeal Side), Quebec, affirming setting aside the probate, are confirmed