Morash Estate (Re)

Morash Estate (Re)

The court found on the evidence that the testatrix lacked testamentary capacity when the will was executed and that the will was procured by undue influence of her husband; suspicious circumstances existed and the propounders failed to rebut the presumption, therefore probate is denied and proof of the will in common form revoked.

Citation
2002 NSSC 244
Parties
Testatrix/deceased: Flora Evangeline Morash; Propounders/executors: Executors of the Estate of the late Flora E. Morash; Opposer: Jane Susan Sawler
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
7 November 2002
Procedural Posture
Probate Will Contest / Application for Proof in Solemn Form; Decision After Hearing
Outcome
Probate denied; proof of the purported last will and testament revoked.
Legal Topics
Testamentary Capacity, Undue Influence, Proof in Solemn Form, Suspicious Circumstances, Burden of Proof
Source Language
English
Probate Wills Estate Law Elder Law Testamentary Capacity Undue Influence Proof in Solemn Form Suspicious Circumstances +1 more

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Parties

Flora Evangeline Morash

Testatrix/deceased

Executors of the Estate of the late Flora E. Morash

Propounders/executors

Jane Susan Sawler

Opposer

Procedural Posture

Probate Will Contest / Application for Proof in Solemn Form; Decision After Hearing

Legal Issues

  1. 1 Whether the testatrix had testamentary capacity when instructions were given and the will executed
  2. 2 Whether the will was the product of undue influence by the husband and others
  3. 3 Whether suspicious circumstances existed that shifted burdens of proof

Ratio Decidendi

The court found on the evidence that the testatrix lacked testamentary capacity when the will was executed and that the will was procured by undue influence of her husband; suspicious circumstances existed and the propounders failed to rebut the presumption, therefore probate is denied and proof of the will in common form revoked.

Court Disposition

Probate denied; proof of the purported last will and testament revoked.

Orders

  • Probate denied and proof of the purported will in common form revoked.