Kumar Estate (Re)

Kumar Estate (Re)

Both documents were duly executed by a testatrix of sound and disposing mind; unattested alterations are presumed made after execution and ignored; the two instruments are not inconsistent and, because it is unknown which was executed last, both are admitted to probate as the Last Will and Testament of Stella Shara Kumar.

Citation
2002 NSSC 65
Parties
Testatrix (deceased): Stella Shara Kumar; Applicant / Proponent of the Wills: Applicant; Guardian Ad Litem for Minor Beneficiaries: Rebecca L. Lamb
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
5 March 2002
Procedural Posture
Probate / Decision on Admissibility to Probate (proof in Solemn Form)
Outcome
Both documents admitted to Probate as the Last Will and Testament of Stella Shara Kumar.
Legal Topics
Execution of Wills, Multiple Wills, Construction of Wills, Witness Attestation, Alterations and Interlineations, Costs
Source Language
English
Wills and Estates Probate Execution of Wills Multiple Wills Construction of Wills Witness Attestation Alterations and Interlineations Costs

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Parties

Stella Shara Kumar

Testatrix (deceased)

Applicant

Applicant / Proponent of the Wills

Rebecca L. Lamb

Guardian Ad Litem for Minor Beneficiaries

Procedural Posture

Probate / Decision on Admissibility to Probate (proof in Solemn Form)

Legal Issues

  1. 1 Whether two testamentary instruments executed August 25, 1997 were validly executed
  2. 2 Whether the two instruments are inconsistent
  3. 3 Effect and timing of alterations, interlineations and erasures not initialled

Ratio Decidendi

Both documents were duly executed by a testatrix of sound and disposing mind; unattested alterations are presumed made after execution and ignored; the two instruments are not inconsistent and, because it is unknown which was executed last, both are admitted to probate as the Last Will and Testament of Stella Shara Kumar.

Court Disposition

Both documents admitted to Probate as the Last Will and Testament of Stella Shara Kumar.

Orders

  • Both documents admitted to Probate as the Last Will and Testament of Stella Shara Kumar.
  • Proponents of the will to have costs of the proof in solemn form out of the estate, taxed on a solicitor and client basis.