What is the test for establishing a testamentary in a holographic document?

Saskatchewan, Canada


The following excerpt is from Yarmie Estate, Re, 2008 SKQB 74 (CanLII):

This leads to an analysis of each of the documents to determine if any of them contains an expression of testamentary intention. It will be necessary to find that the words contained in the documents manifest, on the part of the deceased, a deliberate and final intention to dispose of her property on her death. See Bennett v. Toronto Trust Corporation, (1958) 1958 CanLII 49 (SCC), S.C.R. 392 at page 396 where Fauteaux J. said: There is no controversy, either in the reasons for judgment in the Courts below, or between the parties, that under the authorities, a holographic paper is not testamentary unless it contains a deliberate or fixed and final expression of intention as to the disposal of property upon death, and that it is incumbent upon the party setting up the paper as testamentary to show, by the contents of the paper itself or by extrinsic evidence, that the paper is of that character and nature ...

Other Questions


In what circumstances will the court require that a document be submitted so that the contents of the document can be reviewed by the court to determine whether it is privileged? (Saskatchewan, Canada)
What is the test for establishing that a written document creates joint tenancy between the husband and wife? (Saskatchewan, Canada)
Can an illiterate person who signs a document even though he does not understand the meaning of the document? (Saskatchewan, Canada)
Is an action for establishment title only, not claiming possession, not establishing title to land under the Rules? (Saskatchewan, Canada)
Does the word “testamentary expense” include estate duty on personal property? (Saskatchewan, Canada)
What is the test for establishing a factual basis in Charter cases? (Saskatchewan, Canada)
What steps have been taken to establish that the delay in moving a case ahead has been inordinate? (Saskatchewan, Canada)
What documents are properly to be considered on an application to strike out a statement of claim on the grounds that it discloses no reasonable cause of action? (Saskatchewan, Canada)
What is the test for establishing that a person is disabled within the meaning of a disability insurance contract? (Saskatchewan, Canada)
What is the test for making an affidavit of documents? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.