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The court cured only the revocation clause in an unsigned 2017 draft will, revoked the 1989 will, and held that the estate passes on intestacy.
Registrar Nielsen recommends refusing to pass the committee’s accounts, denying remuneration, and surcharging the committee $50,000 for fiduciary breaches.
The court gave testamentary effect to two handwritten notes disposing of Mr. Bizicki’s bank funds and personal possessions, but not to an information note or executor appointment.
The court found Mary Kolic had not rebutted the presumption of resulting trust over family bank accounts, ordered estate funds returned, and awarded punitive damages.
The court held that a will clause leaving residue to a revocable, amendable family trust was invalid and not cured by s. 58 WESA, so the estate passed on intestacy.
The court varied George Frederick Houston’s will under the Wills Variation Act, finding the estate could meet moral claims and awarding each of four children $42,000.
The court found an express trust over Norma’s Lexus for Kelly, lifted the partial stay on the RIF proceeds, fixed loan balances, and varied the will for Kelly.
The Court held the doctrine of election did not apply because the will contained only general residuary language and did not clearly and distinctly demonstrate an intention by the testator to dispose of an interest belonging to another (Roland) in the Swiss condominium; therefore Roland was entitled to both his 1/4 forced‑heirship share under Swiss law and the specific gifts made to him in the will; the court favored application of established rules of construction to avoid speculation about testator intent.
Source excerpt
The Supreme Court of Canada held that a notice under s. 67(1) substantially complied with the Surrogate Courts Act, and an unsigned memorandum did not avoid limitation.
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