Adams v. McBeath

Adams v. McBeath

Majority: To set aside a duly executed will for undue influence the evidence must show circumstances inconsistent with the hypothesis of voluntary testamentary act; mere consistency with undue influence is insufficient. Although a beneficiary who procures a will bears an increased onus, the evidence here did not prove undue influence to the requisite degree and the will must therefore be upheld.

Citation
(1897) 27 SCR 13
Parties
Appellant (plaintiff): Thomas Adams; Respondent (defendant): Duncan McBeath
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 January 1897
Procedural Posture
Appeal Will Validity (undue Influence) / Appeal to Supreme Court of Canada From Supreme Court of British Columbia
Outcome
Appeal dismissed; will upheld and probate maintained
Legal Topics
Undue Influence, Testamentary Capacity, Burden of Proof, Inofficious Will, Solicitor Duties in Will Execution
Source Language
English
Estates Wills Probate Evidence Civil Procedure Undue Influence Testamentary Capacity Burden of Proof +2 more

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Parties

Thomas Adams

Appellant (plaintiff)

Duncan McBeath

Respondent (defendant)

Procedural Posture

Appeal Will Validity (undue Influence) / Appeal to Supreme Court of Canada From Supreme Court of British Columbia

Legal Issues

  1. 1 Whether the will was procured by undue influence
  2. 2 Whether the testator had testamentary capacity at execution
  3. 3 Whether the beneficiary who procured the will discharged the heightened onus of proof

Ratio Decidendi

Majority: To set aside a duly executed will for undue influence the evidence must show circumstances inconsistent with the hypothesis of voluntary testamentary act; mere consistency with undue influence is insufficient. Although a beneficiary who procures a will bears an increased onus, the evidence here did not prove undue influence to the requisite degree and the will must therefore be upheld.

Court Disposition

Appeal dismissed; will upheld and probate maintained

Orders

  • Appeal dismissed with costs