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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.
The court dismissed an application to strike WESA s. 58 pleadings, holding the rule did not bar seeking curative relief at trial and the alternative pleading was not inconsistent.
The court refused WESA relief on affidavit evidence alone and ordered a trial to resolve whether handwritten will changes reflected Pauline Palmer’s testamentary intentions and capacity.
The court held that a completed will template and two handwritten bequest lists were authentic and testamentary, curing execution defects under WESA s. 58.
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