Yaremkewich Estate (Re)

Yaremkewich Estate (Re)

The court found on the balance of probabilities that the completed will template and the two enclosed handwritten bequest lists were authentic, created contemporaneously, and together represented the deceased's fixed and final testamentary intentions; accordingly, under WESA s.58 the court cured the formal witnessing defects and ordered those three documents to be fully effective as the deceased's will and granted probate to the applicant; the dog care instruction was not testamentary and excluded.

Citation
2015 BCSC 1124
Parties
Applicant and Proposed Executor: Jacqueline Ellen Beirness; Deceased: Denise Lynn Bevan Yaremkewich; Renounced Co Executor: Gloria LeBlanc
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 June 2015
Procedural Posture
Probate Application Under WESA S.58 / Application for Court Order Treating Non Compliant Documents as a Valid Will and for Grant of Probate
Outcome
Application granted: the will template and the two handwritten bequest lists admitted as fully effective as the will under WESA s.58; Grant of Probate issued to Jacqueline Ellen Beirness; costs awarded to applicant as special costs on a full indemnity basis payable from the estate.
Legal Topics
Validity of Will, Testamentary Intent, Incorporation of Documents, WESA S.58 Curative Power, Grant of Probate, Costs
Source Language
English
Wills and Estates Probate Validity of Will Testamentary Intent Incorporation of Documents WESA S.58 Curative Power Grant of Probate Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 12 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Parties

Jacqueline Ellen Beirness

Applicant and Proposed Executor

Denise Lynn Bevan Yaremkewich

Deceased

Gloria LeBlanc

Renounced Co Executor

Procedural Posture

Probate Application Under WESA S.58 / Application for Court Order Treating Non Compliant Documents as a Valid Will and for Grant of Probate

Legal Issues

  1. 1 Whether non-compliant will form and attached handwritten bequest lists represent the deceased's testamentary intentions under WESA s.58
  2. 2 Whether attached documents may be treated as part of the will (incorporation) or cured by s.58
  3. 3 Whether the dog care instructions are testamentary

Ratio Decidendi

The court found on the balance of probabilities that the completed will template and the two enclosed handwritten bequest lists were authentic, created contemporaneously, and together represented the deceased's fixed and final testamentary intentions; accordingly, under WESA s.58 the court cured the formal witnessing defects and ordered those three documents to be fully effective as the deceased's will and granted probate to the applicant; the dog care instruction was not testamentary and excluded.

Court Disposition

Application granted: the will template and the two handwritten bequest lists admitted as fully effective as the will under WESA s.58; Grant of Probate issued to Jacqueline Ellen Beirness; costs awarded to applicant as special costs on a full indemnity basis payable from the estate.

Orders

  • The completed will form, the personal bequest list and the charitable bequest list found in the envelope are fully effective as the will of Denise Lynn Bevan Yaremkewich pursuant to WESA s.58
  • A Grant of Probate of the will and the two foregoing documents is issued to Jacqueline Ellen Beirness as executor