Goguen et al. v. Hachey 2012 NBCA 56
Gifts - Gifts inter vivos - Grounds for invalidity - Undue influence
Goguen held an interest in a credit union. In 2005, when aged 93, Goguen executed a beneficiary card by which he appointed Hachey as the person to whom his interest in the credit union was to pass and vest upon his death. Goguen died intestate in 2007, aged 95. Two relatives, Nickerson and Earle, were appointed administrators. They and the estate sued to have the beneficiary card declared invalid on grounds of mental incapacity and undue influence.
The New Brunswick Court of Queen’s Bench, Family Division, in a decision reported (2010), 364 N.B.R.(2d) 381; 937 A.P.R. 381, dismissed the action, absent evidence to support the plaintiffs’ allegations. The court ordered the administrators to personally pay Hachey’s costs. The administrators appealed.
The New Brunswick Court of Appeal dismissed the appeal and ordered the administrators to personally, jointly pay the costs on appeal ($3,500).