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Canada Case Law

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Wills and estates 2024 BCSC 792

Walker Estate (Re)

The court found a handwritten note by Alice Elizabeth Walker was authentic and effective under WESA to revoke a codicil and revive part of her earlier will.

  • Revocation of will
  • Revival of will
  • Testamentary capacity
  • Undue influence
  • Handwriting authentication
  • Costs
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Wills and estates 2024 BCSC 293

Estate of Joyce Schulz v. Locke

The court dismissed a rectification petition over a codicil, finding it deliberately amended the 2012 will. It declared the 2013 will revoked and the 2012 will revived and amended.

  • Rectification
  • Codicil
  • Revival of will
  • Extrinsic evidence
  • Hearsay - state of mind
  • Costs
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Wills and estates 2020 BCSC 1280

Jacobson Estate (Re)

The court held that the deceased’s Will, including the Hyde clauses, reflected her fixed testamentary intention and could be given full effect under WESA.

  • Revival of will
  • Testamentary capacity
  • Spousal revocation of gifts
  • Curative jurisdiction under s.58 wesa
  • Revival-of-will
  • Testamentary-capacity
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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.