2 total
Appeal dismissed; holograph codicil invalidated for lack of knowledge, approval, and capacity.
The appellant sought to prove the validity of a holograph codicil executed by the deceased testatrix, purportedly leaving the most valuable estate asset, a home farm worth approximately $20 million, to the appellant alone.
The trial judge found suspicious circumstances relating to both the testatrix's knowledge and approval of the codicil's contents and her testamentary capacity, and concluded the appellant failed to discharge her burden on either issue.
The Court of Appeal dismissed the appeal, finding no error in the trial judge's assessment of suspicious circumstances, no misapplication of the legal standard for knowledge and approval, and no improper reliance on the family doctor's clinical notes.
The court also found the reasons for decision were sufficient for meaningful appellate review.
Costs of $100,000 were awarded to the respondents.
Informal notice sufficed to exercise testamentary purchase option; fair market value governs price.
An estate trustee brought an application for court opinion, advice, and direction regarding the sale of estate real property subject to successive purchase options in a testator's will.
The respondent had purported to exercise his first right of purchase by email within 30 days of receiving notice, without submitting a formal offer or proof of financing.
The court held that the respondent validly exercised his option through informal notice, as the will imposed no formal requirements.
The court further held that fair market value was to be determined as of the date the respondent gave notice of his intention to purchase, not as of the date of the life tenant's death, and accepted the estate trustee's appraisal valuing the property at $1.8 million following a municipal by-law exemption permitting separate conveyance of the two lots.
The respondent was afforded 30 days to submit a written offer at the appraised value or be deemed to have waived his rights.
