Riguidel Estate (Re)

Riguidel Estate (Re)

On the balance of probabilities the court concluded the handwritten and, centrally, the typewritten document of February 7, 2016 were the deliberate expressions of the deceased's testamentary intentions; accordingly under s.58(3) WESA the typewritten document is effective to alter the August 11, 2015 Will as to...

Source-derived case information.

Citation
2017 BCSC 1667
Parties
Petitioner: Deborah Joyce Riguidel; Deceased: Larry Glen Riguidel; Beneficiary: Donna Jean Malley; Beneficiary: Kimberly Joanne Laity; Affiant/spouse of Petitioner: Vincent Albert Kapinus; Witness/affiant: Carolyn Lee Leonard
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 September 2017
Procedural Posture
Wills and Estates S.58 WESA Petition / Hearing and Determination
Outcome
Petition granted in part: the typewritten document dated February 7, 2016 declared to represent the deceased's testamentary intentions and effective to alter the August 11, 2015 Will as to disposition of assets; court declined to treat the document as a codicil or to interpret it together with the Will beyond the...
Legal Topics
Curative Provisions, Non‑compliant Wills, Codicil, Testamentary Intention, Service of Process
Source Language
english
Wills and Estates Succession Probate Curative Provisions Non‑compliant Wills Codicil Testamentary Intention Service of Process

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Summary, issues, holding and outcome

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Parties

Deborah Joyce Riguidel

Petitioner

Larry Glen Riguidel

Deceased

Donna Jean Malley

Beneficiary

Kimberly Joanne Laity

Beneficiary

Vincent Albert Kapinus

Affiant/spouse of Petitioner

Carolyn Lee Leonard

Witness/affiant

Procedural Posture

Wills and Estates S.58 WESA Petition / Hearing and Determination

Legal Issues

  1. 1 Whether the non‑compliant documents dated February 7, 2016 represent the deceased's testamentary intentions
  2. 2 Whether the February 7, 2016 documents revoke or alter the August 11, 2015 Will under s.58 WESA
  3. 3 Whether extrinsic evidence suffices to cure formal defects and render the documents effective

Ratio Decidendi

On the balance of probabilities the court concluded the handwritten and, centrally, the typewritten document of February 7, 2016 were the deliberate expressions of the deceased's testamentary intentions; accordingly under s.58(3) WESA the typewritten document is effective to alter the August 11, 2015 Will as to disposition of assets, but the court would not treat it as a codicil or interpret it with the Will where such relief was not pleaded.

Court Disposition

Petition granted in part: the typewritten document dated February 7, 2016 declared to represent the deceased's testamentary intentions and effective to alter the August 11, 2015 Will as to disposition of assets; court declined to treat the document as a codicil or to interpret it together with the Will beyond the...

Orders

  • Declaration that the typewritten document dated February 7, 2016 represents the deceased's testamentary intentions and is effective as part of his Will to alter the disposition of his estate
  • Costs of the proceeding to be paid from the deceased's estate on a full indemnity basis