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The court validated a hospital will under s. 58 WESA, held s. 43 did not void the executor’s charging clause, and ordered personal special costs against the executor.
Application to prove Michelle Leela Grace’s will in solemn form was referred to the trial list because the evidence did not show she read or had it read to her.
The court held that Dawson Wolk’s document met WESA formalities, validated a handwritten alteration, and confirmed gifts to witness-beneficiaries as effective.
The court upheld the July 25, 2014 will, finding testamentary capacity, no suspicious circumstances or undue influence, and dismissing the wills variation claim.
The court held that Norman Johnston’s 2012 will, as modified by a 2013 codicil, was valid, properly executed, and proven in solemn form.
The court found the 2016 will invalid for lack of testamentary capacity and knowledge and approval, and upheld the 2013 will in solemn form.
The court refused to validate an unsigned fill-in-the-blanks document as a will under s. 58 WESA, finding it did not show a deliberate, fixed and final testamentary intention.
The court held that Eleanor Hadley’s 2014 journal entry was not a testamentary document, so her 2008 will governed the estate under s. 58 WESA.
The Supreme Court of Canada held that the April 22, 1947 will was void because the testator did not realize he was signing a will and lacked free, informed assent.
The Supreme Court of Canada upheld a notarial will, holding that the wording that the testator was unable to sign and consented to the instrument satisfied article 843 C.C.
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