Hubschi Estate (Re)

Hubschi Estate (Re)

On the balance of probabilities the electronic record was authored and reviewed by the deceased and, in the context of his relationships with the Stack family, his deteriorating health and contemporaneous modification of the document, represented his fixed and final testamentary intentions; accordingly the court exercised its s.58 WESA curative power and ordered the record effective as the deceased's testamentary intention and granted probate to Gregory Kenneth Stack with the estate divided equally among the five Stack children.

Citation
2019 BCSC 2040
Parties
Applicant: Gregory Kenneth Stack; Deceased: Beat George Hubschi
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 November 2019
Procedural Posture
Probate S.58 WESA Application / Final Judgment (reasons for Judgment)
Outcome
Order under s.58 WESA: the electronic record declared fully effective as the testamentary intention of Beat George Hubschi; probate granted to Gregory Kenneth Stack; estate to be divided equally among the five Stack children.
Legal Topics
Curative Power Under S.58 WESA, Testamentary Intention, Electronic Records as Testamentary Documents, Intestacy
Source Language
English
Wills and Estates Probate Succession Law Curative Power Under S.58 WESA Testamentary Intention Electronic Records as Testamentary Documents Intestacy

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Parties

Gregory Kenneth Stack

Applicant

Beat George Hubschi

Deceased

Procedural Posture

Probate S.58 WESA Application / Final Judgment (reasons for Judgment)

Legal Issues

  1. 1 Whether the electronic Microsoft Word record found on the deceased's computer is authentic
  2. 2 Whether the electronic record embodies the deceased's full, final and fixed testamentary intentions at the material time
  3. 3 Whether the court should exercise its curative power under s.58 WESA to declare the record effective as a will

Ratio Decidendi

On the balance of probabilities the electronic record was authored and reviewed by the deceased and, in the context of his relationships with the Stack family, his deteriorating health and contemporaneous modification of the document, represented his fixed and final testamentary intentions; accordingly the court exercised its s.58 WESA curative power and ordered the record effective as the deceased's testamentary intention and granted probate to Gregory Kenneth Stack with the estate divided equally among the five Stack children.

Court Disposition

Order under s.58 WESA: the electronic record declared fully effective as the testamentary intention of Beat George Hubschi; probate granted to Gregory Kenneth Stack; estate to be divided equally among the five Stack children.

Orders

  • The computer document prepared by Beat George Hubschi is ordered fully effective as his testamentary intention pursuant to s.58 WESA.
  • Probate of the estate is granted to Gregory Kenneth Stack.