Wright v. Wright

Wright v. Wright

Evidence established suspicious circumstances: the testatrix was terminally ill, on end-of-life medication, and witnesses described her as 'in and out' and incoherent; the propounder failed to prove on a balance of probabilities that she had testamentary capacity or that she knew and approved the Will's contents...

Source-derived case information.

Citation
2013 NSSC 288
Parties
Applicant: Dennis Eliott Wright; Respondent: Cecil Lawrence Wright Jr.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
20 September 2013
Procedural Posture
Application for Proof in Solemn Form of Will / Hearing and Written Decision
Outcome
March 2011 Will declared invalid and not admitted to probate.
Legal Topics
Testamentary Capacity, Knowledge and Approval, Undue Influence, Execution Formalities, Proof in Solemn Form
Source Language
english
Wills and Estates Probate Succession Testamentary Capacity Knowledge and Approval Undue Influence Execution Formalities Proof in Solemn Form

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Summary, issues, holding and outcome

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Parties

Dennis Eliott Wright

Applicant

Cecil Lawrence Wright Jr.

Respondent

Procedural Posture

Application for Proof in Solemn Form of Will / Hearing and Written Decision

Legal Issues

  1. 1 Did the testatrix possess testamentary capacity at the time the Will was executed?
  2. 2 Did the testatrix understand and approve the contents of the Will?
  3. 3 Was the Will executed free of undue influence or duress?

Ratio Decidendi

Evidence established suspicious circumstances: the testatrix was terminally ill, on end-of-life medication, and witnesses described her as 'in and out' and incoherent; the propounder failed to prove on a balance of probabilities that she had testamentary capacity or that she knew and approved the Will's contents (witness evidence indicated she was not read the Will and was misinformed about its terms). Consequently the March 2011 Will is invalid and shall not be admitted to probate.

Court Disposition

March 2011 Will declared invalid and not admitted to probate.

Orders

  • The Will purportedly executed in March 2011 is invalid and shall not be admitted to probate.