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The court held that the presumption of destruction was not rebutted for a missing 2001 will, so Rosemary Finsant was presumed to have died intestate.
The court dismissed a WESA s. 58 application because the applicant was really asking it to find a valid lost will existed before any curative relief could be considered.
The court held that a signed but unwitnessed 2011 draft showed an intention to revoke a 1993 will, cured the revocation clause under WESA s. 58, and declared the estate intestate.
The appeal was dismissed because the trial judge permissibly treated the testator's intention as circumstantial evidence supporting the presumption that the will was destroyed with intent to revoke, and correctly found the appellant failed to provide a reasonable explanation for the loss of the original will; credibility findings against the appellant were determinative.
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