Hadley Estate (Re)

Hadley Estate (Re)

The 2014 journal entry did not, on the balance of probabilities, represent a deliberate and final testamentary intention because contextual evidence (expressed intention to see a lawyer to formalize changes, contemporaneous notes seeking to make a new will, secrecy of the journal, absence of witnesses and no express revocation of the 2008 Will) showed the entry was personal notes rather than an operative will; therefore the 2008 Will governs and the 2014 document cannot be cured under s.58 WESA.

Citation
2016 BCSC 765
Parties
Applicant/administrator: The Canada Trust Company; Deceased: Eleanor Lena Hadley; Beneficiary/interested Party: R. Bruce Macdonald; Beneficiary/interested Party: Daniel J. Pierce; Beneficiary/interested Party: Virginia Maziak; Beneficiary/interested Party: Anita Berecz; Beneficiary/interested Party: Grace Gagner; Beneficiary/interested Party: Carol Fitzsimmons
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 April 2016
Procedural Posture
Estate Application Under Wills, Estates and Succession Act S.58 / Application for Determination of Which Document(s) Govern the Estate and for Directions as to Probate/administration
Outcome
2008 Will governs the estate; 2014 journal entry does not have testamentary status and is not a testamentary disposition
Legal Topics
Section 58 Curative Power, Testamentary Intention, Will Formalities, Probate, Admissibility of Extrinsic Evidence
Source Language
English
Wills and Estates Probate Civil Procedure Section 58 Curative Power Testamentary Intention Will Formalities Admissibility of Extrinsic Evidence

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Parties

The Canada Trust Company

Applicant/administrator

Eleanor Lena Hadley

Deceased

R. Bruce Macdonald

Beneficiary/interested Party

Daniel J. Pierce

Beneficiary/interested Party

Virginia Maziak

Beneficiary/interested Party

Anita Berecz

Beneficiary/interested Party

Grace Gagner

Beneficiary/interested Party

Carol Fitzsimmons

Beneficiary/interested Party

Procedural Posture

Estate Application Under Wills, Estates and Succession Act S.58 / Application for Determination of Which Document(s) Govern the Estate and for Directions as to Probate/administration

Legal Issues

  1. 1 Whether the September 1, 2014 journal entry (the 2014 Will) represents the deceased's testamentary intentions under s.58 WESA
  2. 2 Whether the 2014 Will revoked or altered the 2008 Will
  3. 3 Whether the 2014 Will can be cured and admitted to probate

Ratio Decidendi

The 2014 journal entry did not, on the balance of probabilities, represent a deliberate and final testamentary intention because contextual evidence (expressed intention to see a lawyer to formalize changes, contemporaneous notes seeking to make a new will, secrecy of the journal, absence of witnesses and no express revocation of the 2008 Will) showed the entry was personal notes rather than an operative will; therefore the 2008 Will governs and the 2014 document cannot be cured under s.58 WESA.

Court Disposition

2008 Will governs the estate; 2014 journal entry does not have testamentary status and is not a testamentary disposition

Orders

  • The 2008 Will governs the estate of Eleanor Lena Hadley
  • The 2014 journal entry dated September 1, 2014 does not represent the testamentary intentions of Ms. Hadley and is not effective as a will