As we have previously discussed, section 58 of the Wills, Estates and Succession Act allows the Court to declare that a writing, document, or record that does not meet the formal requirements for the execution of wills is, nonetheless, fully effective as a will. This is a substantial change to the law in our province. The following are examples of documents that were found to be fully effective as a will (or revocation of a will) under the Manitoba or Saskatchewan provisions, which are similar to section 58:
- Prefontaine v. Arbuthnott – partially completed pre-typed will form with handwritten insertions.
- McNeil v. Snidor Estate – a will with one witness, who did not see the will-maker sign the document.
- Roelofs Estate, Re – writing “void” on the original and copies of the will had the effect of revoking the will.
- Porohowski v. Kalyniuk Estate – deceased wrote “this is not my last Will it is revoked” and initialed it, which had the effect of revoking the will.
- McDermid Estate – husband and wife signed the wrong wills. The husband’s will and his signature on the will he mistakenly signed were admitted to probate.
- Swanson Estate – black marker and initials crossing out a gift in a will revoked the gift.
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