Tuesday, February 4, 2014
In Garnett Estate, the Supreme Court of BC held that a Wills planning questionnaire could be considered a valid Will.
In 2008, the deceased filled out a Wills planning questionnaire with instructions to update her 2005 Will. Hours before her death, she had the questionnaire signed and witnessed. Because of these unique circumstances and the fact that the deceased did execute the document with all of the required formalities, the Court determined that the questionnaire did reflect her testamentary disposition.
The Court further found that a list of charitable gifts stapled to the questionnaire should be admitted to probate and that a specific charitable gift “between $60,000 to $80,000” should also be upheld.
See Alexander Holburn Beaudin & Lang LLP, Canada: Can a Signed Questionnaire Be a Will?, Mondaq, Jan. 29, 2014.