Guérin v. Guérin

Guérin v. Guérin

Medical evidence of the testator's impaired condition together with the surrounding suspicious circumstances (haste, absence of the regular notary, sudden complete change of beneficiaries) raised a prima facie presumption of incapacity, shifting the burden to the proponents of the will, who failed to discharge it; therefore the will was invalid and the Court of Queen's Bench decision upholding that conclusion was affirmed.

Citation
[1962] SCR 550
Parties
Appellant (defendant): Eugénie Guérin Foisy; Appellant (defendant): Edouard Foisy; Respondent (plaintiff): Maurice Guérin; Respondent (plaintiffs): Other respondents (nephews and nieces)
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 April 1962
Procedural Posture
Appeal — Wills/estates / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec; Judgment on Appeal (appeal Dismissed)
Outcome
Appeal dismissed with costs; judgment of the Court of Queen's Bench, which reversed the trial judge and found the will invalid, affirmed.
Legal Topics
Testamentary Capacity, Burden of Proof, Medical Evidence, Surrounding Circumstances, Formalities of Execution
Source Language
English
Estates Wills Testamentary Capacity Undue Influence Burden of Proof Medical Evidence Surrounding Circumstances Formalities of Execution

Case Brief

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Parties

Eugénie Guérin Foisy

Appellant (defendant)

Edouard Foisy

Appellant (defendant)

Maurice Guérin

Respondent (plaintiff)

Other respondents (nephews and nieces)

Respondent (plaintiffs)

Procedural Posture

Appeal — Wills/estates / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec; Judgment on Appeal (appeal Dismissed)

Legal Issues

  1. 1 Whether the testator had testamentary capacity when executing the will
  2. 2 Whether the circumstances surrounding preparation and execution raised a presumption of undue influence or incapacity
  3. 3 Whether the burden of proof shifted to the will proponents and if they discharged it

Ratio Decidendi

Medical evidence of the testator's impaired condition together with the surrounding suspicious circumstances (haste, absence of the regular notary, sudden complete change of beneficiaries) raised a prima facie presumption of incapacity, shifting the burden to the proponents of the will, who failed to discharge it; therefore the will was invalid and the Court of Queen's Bench decision upholding that conclusion was affirmed.

Court Disposition

Appeal dismissed with costs; judgment of the Court of Queen's Bench, which reversed the trial judge and found the will invalid, affirmed.

Orders

  • Appeal dismissed with costs.
  • Judgment of the Court of Queen's Bench, Appeal Side, Province of Quebec, affirmed.