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WILLS - Holograph wills

Wednesday, January 22, 2020 @ 6:18 AM  


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Application by Chow for an order pursuant to s. 58 of the Wills, Estates and Succession Act that the three notes left by the deceased be given testamentary effect. The deceased died without making a conventional will, but he did leave behind three notes stating his wish that his girlfriend, Chow, receive the money in his bank accounts and other personal property. His estate consisted of the personal possessions in his room and $272,042 in two bank accounts. The deceased died in 2016. The only note that was dated was written in 2009.

HELD: Application allowed. Each of the notes was written in contemplation of death and addressed what would be done with the deceased’s property when he was dead. The deceased intended the Moneys Note to determine the disposition of these funds. The language of the gift to Chow was that the moneys left over were to be awarded to her. This was not precatory or aspirational language. The deceased signed this note, and it was likely that he did so because he intended that it be seen by someone after his death and given effect. The Moneys Note expressed the deceased’s deliberate or fixed and final intention as to the disposition of the remaining money in his bank accounts, following payment of funeral expenses and debts. The Executor Note expresses the deceased’s deliberate or fixed and final intention as to the disposition of his remaining personal possessions. Both notes should be given testamentary effect, although the Executor Note did not affect the appointment of an executor of the deceased’s estate.

Bizicki Estate (Re), [2019] B.C.J. No. 2389, British Columbia Supreme Court, G.B. Gomery J., December 10, 2019. Digest No. TLD-January202020008