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Difference between revisions of "Making and Executing a Will (16:III)"
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Making and Executing a Will (16:III) (view source)
Revision as of 22:12, 11 October 2022
, 22:12, 11 October 2022→F. Court’s Power to Cure Deficiencies and Rectify Wills
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The court includes a non-exhaustive list of factors that may be taken into consideration when assessing a document: | The court includes a non-exhaustive list of factors that may be taken into consideration when assessing a document: | ||
* the presence of the deceased’s handwriting; | :* the presence of the deceased’s handwriting; | ||
* witness signatures; | :* witness signatures; | ||
* revocation of previous wills; | :* revocation of previous wills; | ||
* funeral arrangements; | :* funeral arrangements; | ||
* specific bequests; and | :* specific bequests; and | ||
* the title of the document. | :* the title of the document. | ||
Although section 58 gives the court broad powers to give effect to the intentions of the will-maker, this power does have limitations. '''Therefore, every effort should be made to follow the proper procedure when drafting a will in order to avoid future complications'''. As the court notes in ''Estate of Young'', 2015 BCSC 182, “[w]hile imperfect or even non-compliance with formal testamentary requirements may be overcome by application of a sufficiently broad curative provision, the further a document departs from the formal requirements, the harder it may be for the court to find it embodies the deceased’s testamentary intention.” See also ''[https://www.canlii.org/en/bc/bcsc/doc/2019/2019bcsc927/2019bcsc927.html?autocompleteStr=Levesque%20Estate%2C%20Re%2C%202019%20BCSC%20927&autocompletePos=1 Levesque Estate, Re]'', 2019 BCSC 927, and ''[https://www.canlii.org/en/bc/bcca/doc/2017/2017bcca311/2017bcca311.html?autocompleteStr=Hadley%20Estate%2C%20Re%2C%202017%20BCCA%20311&autocompletePos=1 Hadley Estate, Re]'', 2017 BCCA 311. | Although section 58 gives the court broad powers to give effect to the intentions of the will-maker, this power does have limitations. '''Therefore, every effort should be made to follow the proper procedure when drafting a will in order to avoid future complications'''. As the court notes in ''Estate of Young'', 2015 BCSC 182, “[w]hile imperfect or even non-compliance with formal testamentary requirements may be overcome by application of a sufficiently broad curative provision, the further a document departs from the formal requirements, the harder it may be for the court to find it embodies the deceased’s testamentary intention.” See also ''[https://www.canlii.org/en/bc/bcsc/doc/2019/2019bcsc927/2019bcsc927.html?autocompleteStr=Levesque%20Estate%2C%20Re%2C%202019%20BCSC%20927&autocompletePos=1 Levesque Estate, Re]'', 2019 BCSC 927, and ''[https://www.canlii.org/en/bc/bcca/doc/2017/2017bcca311/2017bcca311.html?autocompleteStr=Hadley%20Estate%2C%20Re%2C%202017%20BCCA%20311&autocompletePos=1 Hadley Estate, Re]'', 2017 BCCA 311. | ||
