Royal Trust Company v. Ford et al.

Royal Trust Company v. Ford et al.

The Court allowed the appeal, holding that on the whole evidence the propounder had proved testamentary capacity and the absence of an insane delusion; the testator's expressed doubts about his son's legitimacy were such that a sane man could hold them and did not show the sort of fixed, false belief that would invalidate the 1958 will and six codicils.

Citation
[1971] SCR 831
Parties
Appellant (executor/plaintiff): The Royal Trust Company; Respondent (defendant, Sole Child/beneficiary): John Douglas Wharton Ford; Respondent (defendant): Christ Church Cathedral Buildings Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 April 1971
Procedural Posture
Probate Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia; Judgment Allowing Appeal and Restoring Trial Judgment
Outcome
Appeal allowed; trial judgment restored; probate of the 1958 will and six codicils upheld.
Legal Topics
Testamentary Capacity, Insane Delusion, Legitimacy, Codicil, Probate in Solemn Form, Testator's Intention
Source Language
English
Estates Wills Trusts Probate Testamentary Capacity Insane Delusion Legitimacy Codicil +2 more

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 4 Authorities cited 3 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

The Royal Trust Company

Appellant (executor/plaintiff)

John Douglas Wharton Ford

Respondent (defendant, Sole Child/beneficiary)

Christ Church Cathedral Buildings Limited

Respondent (defendant)

Procedural Posture

Probate Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia; Judgment Allowing Appeal and Restoring Trial Judgment

Legal Issues

  1. 1 Whether the testator suffered an insane delusion as to the legitimacy of his son
  2. 2 Whether expressed doubts as to legitimacy invalidated the 1958 will and six codicils
  3. 3 What burden of proof rests on the propounder of a will to negativate insane delusions

Ratio Decidendi

The Court allowed the appeal, holding that on the whole evidence the propounder had proved testamentary capacity and the absence of an insane delusion; the testator's expressed doubts about his son's legitimacy were such that a sane man could hold them and did not show the sort of fixed, false belief that would invalidate the 1958 will and six codicils.

Court Disposition

Appeal allowed; trial judgment restored; probate of the 1958 will and six codicils upheld.

Orders

  • Restore trial judgment granting probate of the 1958 will and six codicils
  • Costs of all parties to the appeal to be payable out of the estate; costs of the executor to be awarded as between solicitor and client