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The court held that Erna Maurer’s Letter of Wishes was not precatory, but it was not incorporated by reference or cured under WESA. Article 4 created a charitable trust.
The court held that Article II.C of Lorraine Waslenchuk’s will was an invalid pour-over clause to an amendable revocable trust, so the residue passed on intestacy to Janet Letourneau.
The Court of Appeal held that a will’s pour-over clause to a revocable, amendable trust was invalid and could not be saved by incorporation by reference, facts of independent significance, or WESA s. 58.
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 dismissed an appeal about a will’s pour-over and incorporation-by-reference clauses, finding the dispute had no practical effect on distribution of the estate.
Supplementary reasons on costs and order in an estate and trust petition. The court awarded estate-funded costs only for the petitioner’s representative capacities and allowed entry of the order without a signature.
The court held a pour-over clause invalid, but construed the will as incorporating the trust as it existed when the will was signed, avoiding intestacy.
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