Lariviere v. Coad

Lariviere v. Coad

The court found on the evidence that the 2001 document had been validly executed but was revoked by the 2005 document and that the April 20, 2006 revocation operated to revoke the 2005 document; the May 2006 document was either destroyed or lost and the presumption of revocation was not rebutted; there was no admissible evidence of revival of the 2001 document; material non-disclosure and defective service in the parties' desk-order applications warranted setting aside the registry grants; accordingly the deceased died intestate and Sasha Coad failed to prove a continuing marriage-like relationship, so neither party succeeded to the estate and administratorship must be appointed by...

Citation
2019 BCSC 1691
Parties
Plaintiff; Petitioner; Respondent; Applicant for Probate and Administration With Will Annexed; Self Represented: Kenneth Lariviere; Defendant; Applicant for Administration Without Will Annexed; Petitioner: Sasha Jan Coad; Third Party; Interested Party (mother of Deceased): Olga Phillips Estate; Mortgagee; Interested Party: Toronto Dominion Bank; Deceased: Barbara Louise Lariviere
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 October 2019
Procedural Posture
Consolidated Probate and Administration Proceedings, Will Propounding in Solemn Form, Petitions Re Intestacy and Title Disputes / Trial Judgment (reasons for Judgment)
Outcome
Court set aside the desk orders granting administration/probate issued in CW P17770 and CW P17711 and declared that Barbara Louise Lariviere died intestate; neither applicant proved entitlement as spouse; appointment of administrator deferred for application by executor/administrator of Olga Phillips' estate
Legal Topics
Will Validity, Revocation and Presumption of Revocation, Revival of Wills, Desk Orders and Registry Procedure, Service and Notice (form P1), Common Law Spouse/marriage Like Relationship, Non Disclosure and Misrepresentation in Grant Applications, Appointment of Administrator, S.58 WESA Curing Defects
Source Language
English
Wills and Estates Probate Intestacy Estate Administration Civil Procedure Property (mortgage/foreclosure) Will Validity Revocation and Presumption of Revocation +7 more

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Parties

Kenneth Lariviere

Plaintiff; Petitioner; Respondent; Applicant for Probate and Administration With Will Annexed; Self Represented

Sasha Jan Coad

Defendant; Applicant for Administration Without Will Annexed; Petitioner

Olga Phillips Estate

Third Party; Interested Party (mother of Deceased)

Toronto Dominion Bank

Mortgagee; Interested Party

Barbara Louise Lariviere

Deceased

Procedural Posture

Consolidated Probate and Administration Proceedings, Will Propounding in Solemn Form, Petitions Re Intestacy and Title Disputes / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 Was a valid testamentary document in effect at death or did the deceased die intestate?
  2. 2 If a will existed, which document (2001, July 2005, May 2006) was operative?
  3. 3 Did the April 20, 2006 revocation revoke earlier wills and what is effect on later documents?

Ratio Decidendi

The court found on the evidence that the 2001 document had been validly executed but was revoked by the 2005 document and that the April 20, 2006 revocation operated to revoke the 2005 document; the May 2006 document was either destroyed or lost and the presumption of revocation was not rebutted; there was no admissible evidence of revival of the 2001 document; material non-disclosure and defective service in the parties' desk-order applications warranted setting aside the registry grants; accordingly the deceased died intestate and Sasha Coad failed to prove a continuing marriage-like relationship, so neither party succeeded to the estate and administratorship must be appointed by...

Court Disposition

Court set aside the desk orders granting administration/probate issued in CW P17770 and CW P17711 and declared that Barbara Louise Lariviere died intestate; neither applicant proved entitlement as spouse; appointment of administrator deferred for application by executor/administrator of Olga Phillips' estate

Orders

  • Set aside the orders issued in CW P17770 (Coad Order) and CW P17711 (Lariviere Sept. 5 and Sept. 14 Orders)
  • Declare that Barbara Louise Lariviere died intestate