Skopyk Estate

Skopyk Estate

The unsigned handwritten Document was a deliberate, fixed and final expression of the Deceased's testamentary intentions and therefore, pursuant to s.58 WESA, the court ordered it effective as an alteration of the 1995 Will based on placement, handwriting similarity, rational changed distribution, specific reference to and correction of the 1995 Will, and supporting extrinsic evidence (statements to a niece and hospital context).

Citation
2017 BCSC 2335
Parties
Petitioner: Adrienne De Francesco; Petitioner: Nicole "Niki" De Francesco; Respondent: Jean Cameron; Respondent: Alexandra De Francesco; Respondent: Nick De Francesco; Deceased: Russell Joseph Thomas Skopyk
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 December 2017
Procedural Posture
Application Under S.58 WESA (court Order Curing Deficiencies) / Judgment on Petition for Declaration Under S.58
Outcome
Order that the unsigned handwritten Document is effective as an alteration of the Last Will and Testament dated November 16, 1995 under s.58 WESA; costs awarded.
Legal Topics
Informal Document Admitted Under S.58, Alteration of Will, Testamentary Intention, Extrinsic Evidence
Source Language
English
Wills and Estates Succession Law Probate Informal Document Admitted Under S.58 Alteration of Will Testamentary Intention Extrinsic Evidence

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Parties

Adrienne De Francesco

Petitioner

Nicole "Niki" De Francesco

Petitioner

Jean Cameron

Respondent

Alexandra De Francesco

Respondent

Nick De Francesco

Respondent

Russell Joseph Thomas Skopyk

Deceased

Procedural Posture

Application Under S.58 WESA (court Order Curing Deficiencies) / Judgment on Petition for Declaration Under S.58

Legal Issues

  1. 1 Whether the unsigned handwritten document represents the deceased's testamentary intentions sufficient to be effective under s.58 WESA
  2. 2 Whether the document is a deliberate or fixed and final expression of intention as to the disposal of property on death
  3. 3 What weight to afford extrinsic evidence and handwriting/placement evidence to establish authenticity and intent

Ratio Decidendi

The unsigned handwritten Document was a deliberate, fixed and final expression of the Deceased's testamentary intentions and therefore, pursuant to s.58 WESA, the court ordered it effective as an alteration of the 1995 Will based on placement, handwriting similarity, rational changed distribution, specific reference to and correction of the 1995 Will, and supporting extrinsic evidence (statements to a niece and hospital context).

Court Disposition

Order that the unsigned handwritten Document is effective as an alteration of the Last Will and Testament dated November 16, 1995 under s.58 WESA; costs awarded.

Orders

  • The unsigned handwritten Document is declared effective as an alteration of the 1995 Will under s.58 WESA.
  • Costs of the proceeding to be paid from the Deceased's estate on a full indemnity basis.