Supreme Court

Decision Information

Henderson Estate (Re)

Court Supreme Court
Date 1982-01-25
Other citations [1982] 2 W.W.R. 262 – 12 E.T.R. 118 (N.W.T. S.C.)
File numbers Est # 962
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
Bennet v. Gray (1958) S.C.R. 392, 14 D.L.R. (2d) 1
Whyte v. Pollock (1882) 7 App. Cas. 400
Godman v. Godman (1920) p. 261
Theakson v. Marson (1832) 4 Hag. Ecc. 260, 162 E.R. 1452
Canada Permanent Trust Co. v. Bowman (1962) S.C.R. 711, 34 D.L.R. (2d) 106
Re Malcolm
Noel v. Dean and Thistle (1958) 17 D.L.R. (2d) 696
Re Smith (1948) 2 W.W.R. 55
Milnes v. Foden (1890) 15 P.D. 105
In re Kemp Estate (1954) 11 W.W.R. (N.S.) 624

Statutes considered:
Wills Ordinance, R.O.N.W.T. 1974, c.W-3, section 6 (2)
Decision information:

Abstract: Application for Letters of Administration with Will annexed - Court asked to decide whether a handwritten letter signed by the deceased was a holograph will as contemplated by the Wills Ordinance.
Decision: Letters granted - Letter deemed to be a valid holograph will as it contained a deliberate, fixed and final expression as to the disposition of his property in the event of his death - Not necessary for a deceased to be aware that he was making a will as long as the requisite testamentary intention is present.
Subjects: Wills and estates - Administration of estate - Probate and letters of administration
Keywords: Holograph will
Testamentary intention
Letters of administration

Decision Content

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