Whitehead Estate

Whitehead Estate

The copy of the 1979 will could not be proved to be a true copy of a duly executed original because there was no evidence identifying attesting witnesses or other evidence of due execution; the court therefore could not admit the copy to probate, declared the deceased intestate, and granted Letters of Administration without bond to Margaret Ruth Sasges with special costs payable from the estate.

Citation
2010 BCSC 348
Parties
Applicant / Proposed Administrator: Margaret Ruth Sasges; Respondents / Beneficiaries: Beneficiaries under the Estate; Deceased: Mary Josephine Whitehead
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 March 2010
Procedural Posture
Application for Letters of Administration and Determination of Validity of Will / Chambers Application / Reasons for Judgment
Outcome
Declaration that the deceased died intestate; Letters of Administration without bond issued to Margaret Ruth Sasges; special costs awarded to applicant payable from the estate.
Legal Topics
Lost Will, Copy of Will, Intestacy, Letters of Administration, Presumption of Revocation (animo Revocandi), Evidence of Execution
Source Language
English
Trusts and Estates Wills and Succession Probate Lost Will Copy of Will Intestacy Letters of Administration Presumption of Revocation (animo Revocandi) +1 more

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Parties

Margaret Ruth Sasges

Applicant / Proposed Administrator

Beneficiaries under the Estate

Respondents / Beneficiaries

Mary Josephine Whitehead

Deceased

Procedural Posture

Application for Letters of Administration and Determination of Validity of Will / Chambers Application / Reasons for Judgment

Legal Issues

  1. 1 Whether the presented copy is a true copy of a duly executed original will
  2. 2 Whether the original will was in the deceased's possession and thus subject to the presumption of destruction animo revocandi
  3. 3 Whether Letters of Administration without bond should be granted to the applicant

Ratio Decidendi

The copy of the 1979 will could not be proved to be a true copy of a duly executed original because there was no evidence identifying attesting witnesses or other evidence of due execution; the court therefore could not admit the copy to probate, declared the deceased intestate, and granted Letters of Administration without bond to Margaret Ruth Sasges with special costs payable from the estate.

Court Disposition

Declaration that the deceased died intestate; Letters of Administration without bond issued to Margaret Ruth Sasges; special costs awarded to applicant payable from the estate.

Orders

  • Letters of Administration without bond issued to Margaret Ruth Sasges
  • Declaration that Mary Josephine Whitehead died intestate and the December 21, 1979 document is not admitted to probate