SUPREME COURT OF NOVA SCOTIA
Citation: Baird Estate (Re), 2014 NSSC 266
Date: 20140711 Docket: Pictou Probate No. 20947 Registry: Pictou
IN THE ESTATE OF HELEN BAIRD
Application by Grace Whitford for Proof in Solemn Form
LIBRARY HEADING
Judge: The Honourable Justice Cindy A. Bourgeois
Heard: June 2, 3 and 5, 2014 at Pictou, Nova Scotia
Written
Decision: July 11, 2014
Subject: Proof in Solemn form, testamentary capacity
Summary: The applicant alleged suspicious circumstances existed surrounding the making of the deceased’s Will, and as such, the propounders of the Will should be required to prove the testatrix had testamentary capacity and fully understood and approved of the contents of the Will.
Issues:
(1) Were there “suspicious circumstances”?
(2) If so, did the respondents establish on a balance of probabilities that the testatrix had testamentary capacity, and had full knowledge and approval of the contents.
Result: The Court found the existence of suspicious circumstances. The respondents met the onus, and established capacity and knowledge. The Will was submitted to probate.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THE COVER SHEET.