Save Your Final Wishes - Court Applies Curative Provision to Rescue Dying Wish

The petitioner, Debi, sought a determination pursuant to s. 58 of WESA whether the signed document of her deceased father, Larry, dated February 7, 2016, represented his intentions to replace his Will dated August 11, 2015.  The petition was not opposed.  This case was another example which highlighted the use of the s. 58 curative provisions of WESA to assist the court in determining an individuals' wishes after death.   

99 Executor Problems, But a Draft Will Ain't One - Draft Will Not Found to Be Valid

Candace Yates sought determination pursuant to s. 58 of WESA whether the unsigned, draft will of Jann Louise MacInnis Bailey, dated December 2014, represented her intentions to replace or alter her last will and testament dated January 29, 2008. 

Ms. Cates was Ms. Bailey’s lawyer and had drafted the will of 2008 and drafted the unsigned will of 2014.  She is the named executrix in the 2008 will and the co-executor in the 2014 draft will and requires the court’s determination otherwise she is unable to swear the affidavit required of an executor under the Supreme Court Rules for probate. 

Ms. Cates’ position is that the 2014 draft will, in whole or in part, represents the testamentary intention of Ms. Bailey.  

WESA Curative Provisions To The Rescue! Court Cures Will With New Powers

The deceased passed away on January 5, 2015 with her spouse passing away several hours earlier.  The couple lived in a common law relationship for approximately 35 years until they married in 2012.  The applicant, the deceased's granddaughter, had been appointed executrix of the will and had found a number of documents in a funeral box while searching for her grandmother's testamentary documents.   She then applied for determinations that two handwritten records represented the testamentary intentions of her grandmother and were fully effective as though they had been made as or part of her will.  

Friend of Deceased Hoped To Use WESA To Cure New Will - Court Dismisses Claim

Mr. Massam died September 21, 2011 aged 85 and left behind neither a surviving spouse nor children.  Mr. Massam had executed a will in 1974 (“1974 Will”) while he was with his former spouse, Margaret.  The 1974 will provided that he left the residue of his estate to Margaret, with a gift to her son Terrance.  Mr. Thurston, Mr. Massam's friend, asserted that an unsigned document dated September 20, 2011 ("Unsigned will"), should be held as the last will and testament.  Mr. Thurston would benefit from the unsigned will as it appointed him as executor and provided a specific amount of money to him.

Court Uses New Powers to Fix Will - How the New Act Helps You

Denise Lynn Bevan Yaremkewich passed away July 7, 2014 leaving behind documents that did not comply with the formal requirements of WESA .  In 2014, before her death, she seemed to have worked with a pre-printed will template form which purported to revoke all of her former wills, codicils, and testamentary dispositions although there did not appear to be any previous will or document.  The document appointed two people as executors of her will, her niece (the applicant), and her close friend.  The court applied the new curative provision found in s. 58 of WESA to allow the document to be fully effective as though it had been made as the will.