Fleury Estate (Re)

Fleury Estate (Re)

Findings of fact established that the deceased revoked the 2007 will and, on balance of probabilities, the Second Draft Will prepared November 27, 2023 authentically reflected her fixed and final testamentary intentions; accordingly the court cured the unsigned Second Draft Will under s.58 WESA, declared it...

Source-derived case information.

Citation
2025 BCSC 22
Parties
Petitioner / Corporate Trustee / Executor: Royal Trust Corporation of Canada; Respondent / Common‑law Spouse: Mark Robert Benson; Deceased: Maureen Katherine Fleury
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 January 2025
Procedural Posture
Probate Petition / Will Validity and Estate Administration / Final Judgment (reasons for Judgment)
Outcome
Court cured and declared effective the Second Draft Will (Schedule C), revoked the 2007 will, vested estate assets in Royal Trust Corporation of Canada as executor and granted probate; trustee awarded costs as claimed, with respondent bearing own costs absent further order.
Legal Topics
Validity of Will, Curative Relief Under S.58 WESA, Revocation of Will, Testamentary Capacity, Costs
Source Language
english
Wills and Estates Probate Trusts Estate Administration Validity of Will Curative Relief Under S.58 WESA Revocation of Will Testamentary Capacity +1 more

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Parties

Royal Trust Corporation of Canada

Petitioner / Corporate Trustee / Executor

Mark Robert Benson

Respondent / Common‑law Spouse

Maureen Katherine Fleury

Deceased

Procedural Posture

Probate Petition / Will Validity and Estate Administration / Final Judgment (reasons for Judgment)

Legal Issues

  1. 1 Whether the 2007 executed will remained effective or was revoked
  2. 2 Whether either unsigned draft will could be cured under s.58 WESA
  3. 3 Whether the Second Draft Will represents the deceased's fixed and final testamentary intentions

Ratio Decidendi

Findings of fact established that the deceased revoked the 2007 will and, on balance of probabilities, the Second Draft Will prepared November 27, 2023 authentically reflected her fixed and final testamentary intentions; accordingly the court cured the unsigned Second Draft Will under s.58 WESA, declared it effective as the deceased's will, revoked the 2007 will, vested assets in the trustee and granted probate; trustee entitled to indemnity costs out of the estate.

Court Disposition

Court cured and declared effective the Second Draft Will (Schedule C), revoked the 2007 will, vested estate assets in Royal Trust Corporation of Canada as executor and granted probate; trustee awarded costs as claimed, with respondent bearing own costs absent further order.

Orders

  • Schedule "C" (Second Draft Will) represents the testamentary intentions of Maureen Katherine Fleury and is fully effective as her will
  • All assets, real and personal, of the estate are vested in the Royal Trust Corporation of Canada as corporate executor effective on date of order