Andrew D. Felker

The applicant sought an order validating an undated, unwitnessed fill-in-the-blanks document as the deceased's last will and testament under section 21.1 of the Succession Law Reform Act.

The respondent brother opposed, arguing the document was merely a draft and that his subsequent reconciliation with the deceased vitiated her intention to exclude him.

The court found the document represented the deceased's fixed and final testamentary intentions at the time it was made, and that a subsequent change in circumstances does not revoke a will.

The application was granted and the document was validated.

The Applicant, represented by the Public Guardian and Trustee, objected to the Respondent Estate Trustee being represented by a non-lawyer.

The non-lawyer sought leave to represent the Estate Trustee and the Estate Trustee personally.

The court held that under Rule 15.01(1) of the Rules of Civil Procedure, a party acting in a representative capacity must be represented by a lawyer, and there is no discretion to grant leave for a non-lawyer to appear.

The court ordered the non-lawyer not to represent the respondents and required the Estate Trustee to retain counsel.