Paul Trudelle highlights a potential problem with handwritten wills in his analysis of a recent British Columbia Supreme Court case. The case concerned the distribution of an estate plan that was created by a handwritten will. In the will, the testator devised his real property and two bank accounts to his brother (also his executor with power of attorney), but the will went on to provide that his brother and five other individuals to share equally in his "estate".
The court did not seek extrinsic evidence as to the testator's intent, (with the 2 conflicting provisions) because the court found it relevant that the testator did not own any other significant assets besides the real property and the two bank accounts. The court held that there was no ambiguity, and the modest estate would be divided equally by the five parties with each party absorbing a large part of the estate costs. The costs and conflict described in this case could easily have been avoided with a properly drafted will or trust. The case is Brooks Estate (Re), 2011 BCSC 1606 (CanLII).
See Paul E. Trudelle, "To Whom Does the 'Estate' Pass?" estatelaw.hullandhull.com (Dec. 1, 2011).
Hat Tip: Wills, Trusts & Estate Prof Blog.
Posted by Andrew Hodes, Associate Editor, Wealth Strategies Journal.
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