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The court upheld a non-compliant 2004 document as Ho Ching-Yeh Chou’s will under WESA s. 58, finding it authentic, testamentary, and not time-barred.
The court held that Dawson Wolk’s document met WESA formalities, validated a handwritten alteration, and confirmed gifts to witness-beneficiaries as effective.
Judge found on balance of probabilities that the two pages of handwritten notes were written by Neila, reflected a fixed and final testamentary intention, were corroborated by contemporaneous circumstances (appointment with lawyer, family statements, location and content of notes) and therefore satisfied s.8A Wills Act; the notes were admitted to probate and operated to revoke the 2014 will.
Source excerpt
The court found the defendant held joint-account proceeds in trust for the estate, holding the presumption of resulting trust was not rebutted.
The court held that Anne Litke’s handwritten, unwitnessed 2009 document reflected her testamentary intentions and was effective as her will under s. 58 WESA.
The court held that a completed will template and two handwritten bequest lists were authentic and testamentary, curing execution defects under WESA s. 58.
The court found a later handwritten document showed sufficient testamentary intent to guide distribution of much of the estate and ordered a notice-and-objection process.
The Federal Court held that an April 5, 1999 document was testamentary after severing an incapacity clause, and allowed the appeal.
The British Columbia Court of Appeal dismissed an appeal in a Wills Variation Act claim, holding the testator had valid and rational reasons to disinherit his daughter.
The Court of Appeal upheld a finding that a secret trust arose from a family conversation about mineral rights and dismissed the appeal.
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