Case information

Wills and estates — Wills — Proof of will in solemn form — Standing — Whether an applicant must gain legally or financially if the will is declared invalid in order to have standing to seek proof of a will in solemn form — If so, whether this Court should create a more flexible test for standing in this context — Whether the court has an overriding duty to order a trial if there are serious issues to be tried when it exercises its probate jurisdiction in an application seeking proof of a will in solemn form.

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Ms. Adams, 93, died in 2016. She had never married, had no children, and it was not clear whether she had living relatives. She ran a substantial cattle ranching operation and, at the time of her death, owned a significant amount of property in her name or in the name of her corporation, Adams Acres Ltd. From 1975 until her death, Mr. Wilson worked for her. He alleged that they had agreed that she would pay him $1,000 monthly to help cover expenses such as gas and the use of his truck and tools, and he would inherit her ranching operation, land, cattle and equipment when she died. He alleged that she had told him that their agreement had been committed to writing, but no such document was found. Her will, dated 2011, appointed Mr. Staples as her executor and stated that she wanted much of her estate distributed to charitable causes, including the Salvation Army. It gave Mr. Staples wide discretion to distribute part of her estate to persons who had been “trustworthy and loyal and helpful” to her in her lifetime. It also said that he knew who was and who was not to get a share of the estate. Mr. Wilson was not a named beneficiary of the estate. Shortly after letters probate were granted, Mr. Wilson filed a Statement of Claim against Mr. Staples, personally and as executor, and Adams Acres Ltd. to enforce his alleged agreement with Ms. Adams. Alternately, he claimed that the assets of the ranching operation were subject to a constructive trust in his favour. He filed certificates of pending litigation against her land. Mr. Staples sought an order vacating some of the certificates of pending litigation and permitting him to deal with estate assets. Mr. Wilson then applied to have the will declared invalid and the grant of letters probate revoked. In the alternative, he sought to have the will proved in solemn form with respect to whether Ms. Adams had the capacity to make the will. The chambers judge found that Mr. Wilson had standing as someone who might be considered “trustworthy and loyal and helpful” to Ms. Adams during her lifetime, and that the evidence required a trial. Both Mr. Staples and the Salvation Army appealed. The Court of Appeal held that, to establish standing, a person must establish a legal or financial interest. As Mr. Wilson had the same possibility of receiving a gift under clause 4(d) as if it was proved in solemn or in common form, he had no such interest. The appeals were allowed and Mr. Wilson’s cross-appeal was dismissed. The preservation order was set aside as the executorship was no longer challenged.