Billard v. Billard Estate, 2023 NSCA 35

Nova Scotia Court of Appeal Citation: Billard v. Billard Estate , 2023 NSCA 35 Date: 20230510 Docket: CA 516472 Registry: Halifax Between: Dennis Billard Appellant v. The Estate of George William Billard and Tanya Arlene Billard Respondents Judges: Bryson, Fichaud and Beaton JJ.A. Appeal Heard: May 10, 2023, in Halifax, Nova Scotia Written Release May 12, 2023 Held: Appeal dismissed with costs, per reasons for judgment of the Court Counsel: Jonathan G. Cuming, for the appellant Jillian Gallant, for the respondent By the Court (orally): [ 1 ] We are unanimously of the view that the appeal should be dismissed.

The Honourable Justice Gail Gatchalian found that the late George William Billard did not have testamentary capacity to execute his Last Will and Testament of February 13, 2020, nor did he approve of the contents of the Will. The judge was satisfied he was subject to undue influence by Dennis Billard in the execution of that Will. [ 2 ] The appellant has not persuaded us that the judge erred in law or made a palpable and overriding error of fact. Accordingly, the appeal is dismissed with costs of $7,500.00, inclusive of disbursements. Bryson J.A. Fichaud J.A. Beaton J.A.