Wolk v. Wolk

Wolk v. Wolk

The Document complied with WESA s.37(1); the handwritten alteration was made by Dawson at execution and is validated by s.54(4)(b); the evidence (express statements of intent and matching beneficiary designations) established Dawson's clear testamentary intent to benefit Michael and Lynda, so the court declared the gifts valid under WESA s.43(4); s.58 relief was unnecessary.

Citation
2021 BCSC 1881
Parties
Applicant; Named Executor and Beneficiary: Michael Dawson Wolk; Respondent; Maternal Grandmother and Guardian of Minor: Wanda Nilsson; Deceased; Will Maker: Dawson Robert Wolk; Named Beneficiary; Alternative Executor (renounced): Lynda Ruth Wolk; Interested Party; Adult Daughter: Jessica Berens; Interested Party: Public Guardian and Trustee
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 September 2021
Procedural Posture
Probate — Will Validation and Declaration of Gifts / Application Within Probate Proceeding for Declaration of Validity of Will and Validation of Gifts Under WESA
Outcome
Application granted in part: will declared valid and gifts to witnesses declared valid; costs awarded against estate
Legal Topics
Will Formalities, Alterations to Wills, Gifts to Witnesses, Testamentary Intent, Court Curing Under S.58, Child Provision From Estate
Source Language
English
Wills and Estates Probate Family Law Will Formalities Alterations to Wills Gifts to Witnesses Testamentary Intent Court Curing Under S.58 +1 more

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Parties

Michael Dawson Wolk

Applicant; Named Executor and Beneficiary

Wanda Nilsson

Respondent; Maternal Grandmother and Guardian of Minor

Dawson Robert Wolk

Deceased; Will Maker

Lynda Ruth Wolk

Named Beneficiary; Alternative Executor (renounced)

Jessica Berens

Interested Party; Adult Daughter

Public Guardian and Trustee

Interested Party

Procedural Posture

Probate — Will Validation and Declaration of Gifts / Application Within Probate Proceeding for Declaration of Validity of Will and Validation of Gifts Under WESA

Legal Issues

  1. 1 Whether the Document complied with WESA s.37 formalities
  2. 2 Whether the handwritten alteration complied with WESA s.54 or s.58
  3. 3 Whether gifts to witness-beneficiaries (Michael and Lynda) are void or should be declared valid under WESA s.43(4)

Ratio Decidendi

The Document complied with WESA s.37(1); the handwritten alteration was made by Dawson at execution and is validated by s.54(4)(b); the evidence (express statements of intent and matching beneficiary designations) established Dawson's clear testamentary intent to benefit Michael and Lynda, so the court declared the gifts valid under WESA s.43(4); s.58 relief was unnecessary.

Court Disposition

Application granted in part: will declared valid and gifts to witnesses declared valid; costs awarded against estate

Orders

  • The Document executed and witnessed on September 12, 2016 is declared to be a valid will under WESA s.37(1).
  • The gifts made to Michael Dawson Wolk and Lynda Ruth Wolk under the Document are declared to be valid and effective under WESA s.43(4).