Faulkner v. Faulkner

Faulkner v. Faulkner

The will is valid because the testator had sufficient testamentary capacity: he gave instructions when competent and later, though infirm and blind, heard the will read clause by clause, indicated understanding and assented by making his mark guided by the solicitor; such acceptance satisfies the legal test for execution of a will.

Citation
(1920) 60 SCR 386
Parties
Appellant (plaintiff): George Faulkner; Respondent (defendant): Archibald Faulkner
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 May 1920
Procedural Posture
Appeal to the Supreme Court of Canada / Decision on Appeal From Appellate Division of the Supreme Court of Ontario
Outcome
Appeal dismissed with costs
Legal Topics
Testamentary Capacity, Execution of Wills, Acceptance of Will Prepared by Solicitor
Source Language
English
Estates Wills Capacity Law Testamentary Capacity Execution of Wills Acceptance of Will Prepared by Solicitor

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

George Faulkner

Appellant (plaintiff)

Archibald Faulkner

Respondent (defendant)

Procedural Posture

Appeal to the Supreme Court of Canada / Decision on Appeal From Appellate Division of the Supreme Court of Ontario

Legal Issues

  1. 1 Whether the testator had testamentary capacity at the time of executing the will
  2. 2 Whether a will prepared when a testator was competent remains valid if the testator later, while infirm, assents by mark guided by a solicitor
  3. 3 What weight to give solicitor and physician testimony versus nurses' and other evidence of infirmity

Ratio Decidendi

The will is valid because the testator had sufficient testamentary capacity: he gave instructions when competent and later, though infirm and blind, heard the will read clause by clause, indicated understanding and assented by making his mark guided by the solicitor; such acceptance satisfies the legal test for execution of a will.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs