Barkwill v. Parchomchuk

Barkwill v. Parchomchuk

The admissible affidavit evidence describing the testatrix's observed behaviour and statements demonstrated she knew the nature and extent of her estate, the persons with claims upon it, and that she was mentally intact; there was no admissible evidentiary basis to infer undue influence. The caveator failed to meet...

Source-derived case information.

Citation
2010 BCSC 951
Parties
Plaintiffs: Richard Harry Barkwill; Raymond Skoreyko, Executors of the Estate of Gweneth Helena Gilmour; Defendants: Diane Parchomchuk; Nancy Louise Hunka; Joan Skeet also known as Joan Francis Skeet; Robin Anne Wyndam; Anna Christina Saprunoff; Mary Alexandra Ehmann; Richard Harry Barkwill; Kathleen Gwen Aten; John Robert Barkwill; Ronald Gray Barkwill; Kathryn Ellen McNaughton; Malcolm Kenneth McNaughton
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 July 2010
Procedural Posture
Probate (petition to Prove Will in Solemn Form) / Summary Trial / Summary Disposition Application
Outcome
Petition granted; Will admitted to probate in solemn form; petitioners awarded costs against Ronald Barkwill on Scale B subject to any submissions concerning pre‑trial offers to settle.
Legal Topics
Testamentary Capacity, Undue Influence, Admissibility of Affidavit Evidence, Summary Disposition, Probate
Source Language
english
Wills and Estates Civil Procedure Evidence Testamentary Capacity Undue Influence Admissibility of Affidavit Evidence Summary Disposition Probate

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Parties

Richard Harry Barkwill; Raymond Skoreyko, Executors of the Estate of Gweneth Helena Gilmour

Plaintiffs

Diane Parchomchuk; Nancy Louise Hunka; Joan Skeet also known as Joan Francis Skeet; Robin Anne Wyndam; Anna Christina Saprunoff; Mary Alexandra Ehmann; Richard Harry Barkwill; Kathleen Gwen Aten; John Robert Barkwill; Ronald Gray Barkwill; Kathryn Ellen McNaughton; Malcolm Kenneth McNaughton

Defendants

Procedural Posture

Probate (petition to Prove Will in Solemn Form) / Summary Trial / Summary Disposition Application

Legal Issues

  1. 1 Whether the testatrix had testamentary capacity when she executed the May 10, 2006 Will
  2. 2 Whether the Will was the product of undue influence by executors or beneficiaries
  3. 3 Whether the matter was suitable for summary disposition

Ratio Decidendi

The admissible affidavit evidence describing the testatrix's observed behaviour and statements demonstrated she knew the nature and extent of her estate, the persons with claims upon it, and that she was mentally intact; there was no admissible evidentiary basis to infer undue influence. The caveator failed to meet his burden on the balance of probabilities and did not show a bona fide need for further discovery or cross‑examination. Accordingly the Will was to be proved in solemn form and the petition granted.

Court Disposition

Petition granted; Will admitted to probate in solemn form; petitioners awarded costs against Ronald Barkwill on Scale B subject to any submissions concerning pre‑trial offers to settle.

Orders

  • Will admitted to probate in solemn form
  • Petitioners entitled to costs against Ronald Barkwill on Scale B, subject to submissions on pre‑trial offers to settle