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Wills and estates 2026 BCSC 738

Tam Estate

Court
Supreme Court of British Columbia

The application to remove the executor was dismissed because the delays and conduct did not meet the established grounds for removal (no endangerment, dishonesty, incapacity, or want of reasonable fidelity proven), the testator's appointment should be respected and the majority of beneficiaries support the executor, and remaining administrative tasks are limited and capable of completion by the current executor; however, the executor must produce specified documents relating to the joint account to allow inquiry into potential estate claims.

Source excerpt

  • Removal of executor
  • Appointment of substitute executor
  • Production of documents
  • Passing of accounts
  • Joint account presumption
  • Tax/clearance certificate
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Wills and estates 2026 BCSC 641

Marshall Estate

Court
Supreme Court of British Columbia

On the balance of probabilities the court accepted contemporaneous solicitor records, multiple private meetings, a geriatric expert report and medical records showing the testator understood the nature and consequences of a will and the assets and natural objects of bounty; there was no credible evidence of domination or undue influence by beneficiaries and no well-grounded suspicious circumstances to rebut the presumption of validity; summary determination was therefore appropriate and the 2015 will was proven in solemn form and probate granted to the named executors.

Source excerpt

  • Testamentary capacity
  • Undue influence
  • Solemn form probate
  • Conversion of petition to action/hybrid procedure
  • Costs and indemnity
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Probate 2026 NSSC 91

Foster Estate v. Foster

Court
Supreme Court of Nova Scotia

The Executor's Gift Clause is an unconditional testamentary gift distinct from a court‑approved commission; statutory commission provisions do not apply. Interpreting the Will in context and the surrounding circumstances, the testator intended the executor to receive the gift for acting as executor. Michael performed executor duties and is therefore entitled to the gift of $60,329.64. However, Michael failed to properly exercise his discretion to make an initial interim distribution of $250,000 to each beneficiary by April 2022; that failure is so unreasonable that intervention under s.71(1)…

Source excerpt

  • Testamentary gift vs executor commission
  • Passing of accounts
  • Interim distributions
  • Executor fiduciary duties and standard of review
  • Tax clearance certificate
  • S.71 remedies
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Estate law 2026 BCSC 515

Fitzpatrick v. Phillips

Court
Supreme Court of British Columbia

The interim accounts of the executrix are passed; applicant entitled to special costs for steps reasonably necessary to protect beneficiary rights, to be assessed by the registrar under Rule 14-1(3) or agreed and payable from the estate; respondent is not disentitled from having her administration costs paid from the estate and is awarded her special costs of administration payable from the estate.

Source excerpt

  • Passing of accounts
  • Executor duties
  • Beneficiary disclosure rights
  • Special costs
  • Valuation of estate assets
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Wills and estates 2026 BCSC 489

Peterson (Re)

Court
Supreme Court of British Columbia

On the balance of probabilities the Physical Will represented the Deceased's deliberate, fixed and final testamentary intention; the Digital Will lacked an air of finality and post‑creation evidence showed the Deceased continued to contemplate further steps; accordingly the Court admitted the Physical Will under s.58 WESA, dismissed the Alzheimer Society's application, and appointed the PGT as administrator with will annexed.

Source excerpt

  • Admission of non‑compliant wills (s.58 wesa)
  • Testamentary intention
  • Electronic wills and digital evidence
  • Timing and modification metadata
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Wills and estates 2026 BCSC 450

Cameron Estate (Re)

Court
Supreme Court of British Columbia

On the evidence the signed, undated handwritten instrument titled "REVISED WILL Last Will & Testament," found in the deceased's desk and in the deceased's handwriting, containing dispositive language, rational distributions consistent with contemporaneous communications and actions and accompanied by attempts to formalize changes with a notary, represents the deceased's testamentary intentions and, exercising the discretion under s.58 WESA, the document is fully effective as testamentary dispositions.

Source excerpt

  • Testamentary intention
  • Curative power (s.58 wesa)
  • Formal validity
  • Handwritten will
  • Revocation
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Wills and estates 2026 BCSC 380

Opsal Estate (Re)

Court
Supreme Court of British Columbia

The court refused to convert the petition to a trial or adjourn for expanded discovery because the respondents failed to show a good reason, unjustified delay and a fishing expedition; the proponent established formal execution and presented overwhelming independent evidence (medical and witnessing attestation) that the deceased had testamentary capacity and knew and approved the 2021 will; suspicious circumstances and undue influence were not proven; counsel's file remained privileged because counsel was retained after execution for litigation, not for estate planning; therefore the 2021 wil…

Source excerpt

  • Testamentary capacity
  • Knowledge and approval of will
  • Undue influence
  • Conversion of petition to trial/hybrid trial
  • Adjournment
  • Production of legal files
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Wills and estates 2026 NSSC 73

Re Beals Estate

Court
Supreme Court of Nova Scotia

The Court found the will was validly executed in compliance with s.6 of the Wills Act; although the original could not be located and the presumption of revocation arose, that presumption was rebutted on the balance of probabilities by contemporaneous photographs of the executed will, the unexecuted copy from the solicitor’s file matching the executed form, witness testimony corroborating the will’s terms and testamentary intent, and evidence that the testator lacked physical capacity after her last stroke to have destroyed the will; accordingly Proof in Solemn Form was granted for the photog…

Source excerpt

  • Will execution formalities
  • Presumption of revocation of wills
  • Proof in solemn form
  • Admissibility of affidavit evidence
  • Hearsay and corroboration (s.45 evidence act)
  • Section 8a writings
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Wills and estates 2026 BCSC 269

Jugovits Estate (Re)

Court
Supreme Court of British Columbia

The court denied the alleged revocation: the son failed to prove on a balance of probabilities that the deceased destroyed the original will and, alternatively, failed to prove the deceased had testamentary capacity to revoke it; therefore the certified copy of the 26 May 2021 will is admitted to probate.

Source excerpt

  • Revocation of will
  • Testamentary capacity
  • Presumption of revocation
  • Probate of copy
  • Burden of proof
  • Summary procedure
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Wills and estates 2026 BCSC 196

Baldwin Estate

Court
Supreme Court of British Columbia

The May 28, 2025 grant of probate of the 2007 Will is revoked nunc pro tunc because it was issued in breach of Rule 25-10(8) while a notice of dispute remained in effect and because the respondent failed to give the statutory notices required by WESA s.121 and swore a false affidavit certifying such notice; accordingly revocation and an indefinite renewal of the notice of dispute are appropriate remedies, and related procedural orders (possession deadline and address for service) follow.

Source excerpt

  • Revocation of probate
  • Notice of dispute
  • Statutory notice requirements
  • Fraudulent affidavit
  • Service of process
  • Renewal/extension of dispute notice
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.