Lacroix Estate (Re)

Parties

Procedural Posture

Probate/will Validation / Hearing on Petition to Determine Validity of Wills and Appointment of Administrator

Legal Issues

1. 1 Whether handwritten 2007 Will notes constitute a valid alteration to the 2007 Will
2. 2 Whether the 2017 Found Document constitutes a valid will
3. 3 Whether the 2019 Found Document constitutes a valid will and the effect on prior documents

Ratio Decidendi

The court exercised its remedial discretion under s.58 WESA to declare the 2017 and 2019 Found Documents effective as wills, found the 2007 handwritten notes did not validly alter the 2007 Will, held the 2019 document is the deceased's final will revoking prior wills, confirmed Tasman Lacroix as administrator under s.131, dispensed with service on specified personal representatives, and awarded costs to Taz as special costs on a full indemnity basis payable from the estate.

Court Disposition

Petition granted in part: 2017 and 2019 Found Documents declared effective as wills under s.58 WESA; 2007 Will notes not effective as alterations; 2019 Testamentary Document declared the last and controlling will; Tasman Lacroix confirmed as administrator; service on specified personal representatives dispensed...

Orders

• Declare the 2017 Testamentary Document effective as a will pursuant to s.58 WESA.
• Declare the 2019 Testamentary Document effective as a will pursuant to s.58 WESA and as the last will of Tasma Lee Hinch Lacroix, revoking and replacing prior testamentary instruments including the 2007 Will.