Jamt Estate (Re)

Jamt Estate (Re)

On the balance of probabilities the handwritten blacking out and insertions were authored by the deceased and reflected his fixed testamentary intentions; accordingly the court invoked WESA s.58(3) to declare the alterations fully effective and WESA s.59(1)(a) to rectify an accidental slip substituting 'Per Kare Jamt' with 'Per Martin Jamt'; the rectified will was proven in solemn form and probate granted to Dennis Dahl upon filing of required documents.

Citation
2021 BCSC 788
Parties
Petitioner: Per Martin Jamt; Deceased / Testator: Egil Ruud Jamt; Proposed Executor / Lawyer Who Drafted the Will: Dennis Dahl; Named Beneficiary in Original Will: Per Kare Jamt; Proposed Executor / Witness: Howard Enemark
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 April 2021
Procedural Posture
Will Rectification and Probate / Unopposed Petition Hearing; Reasons for Judgment (judgment Dated April 27, 2021)
Outcome
Handwritten alterations declared effective; will rectified to name petitioner as sole beneficiary; will proven in solemn form; probate to be granted to Dennis Dahl; petitioner awarded special costs from estate.
Legal Topics
Rectification of Will, Alteration of Will, Probate in Solemn Form, Executor Appointment, WESA Interpretation
Source Language
English
Wills and Estates Probate Civil Procedure Rectification of Will Alteration of Will Probate in Solemn Form Executor Appointment WESA Interpretation

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 7 Party arguments 2
Sign in to unlock

Parties

Per Martin Jamt

Petitioner

Egil Ruud Jamt

Deceased / Testator

Dennis Dahl

Proposed Executor / Lawyer Who Drafted the Will

Per Kare Jamt

Named Beneficiary in Original Will

Howard Enemark

Proposed Executor / Witness

Procedural Posture

Will Rectification and Probate / Unopposed Petition Hearing; Reasons for Judgment (judgment Dated April 27, 2021)

Legal Issues

  1. 1 Are the handwritten alterations to the will effective despite non-compliance with formal requirements?
  2. 2 Should the will be rectified to replace the named beneficiary Per Kare Jamt with the petitioner Per Martin Jamt?
  3. 3 Should probate be granted to Dennis Dahl as executor?

Ratio Decidendi

On the balance of probabilities the handwritten blacking out and insertions were authored by the deceased and reflected his fixed testamentary intentions; accordingly the court invoked WESA s.58(3) to declare the alterations fully effective and WESA s.59(1)(a) to rectify an accidental slip substituting 'Per Kare Jamt' with 'Per Martin Jamt'; the rectified will was proven in solemn form and probate granted to Dennis Dahl upon filing of required documents.

Court Disposition

Handwritten alterations declared effective; will rectified to name petitioner as sole beneficiary; will proven in solemn form; probate to be granted to Dennis Dahl; petitioner awarded special costs from estate.

Orders

  • Handwritten alterations declared fully effective as alterations of the will under WESA s.58(3).
  • Will rectified under WESA s.59(1)(a) to replace references to 'Per Kare Jamt' with 'Per Martin Jamt' in paragraphs 5(a), 5(c) and 9.