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Will rectified to remove undefined division date and 30-day survivorship requirement due to drafting error.
The applicant estate trustees applied for directions regarding an anomaly in the deceased's 2016 will, which used the term 'division date' without defining it.
The previous 2013 will had defined the term in relation to a 30-day survivorship clause for the deceased's spouse.
The court applied the armchair rule and found that the drafting solicitor for the 2016 will had erroneously retained vestiges of the survivorship provisions after the spouse's death.
The court concluded that the deceased intended for his sons to inherit upon his death without a 30-day survivorship requirement, and ordered the will rectified to correct the drafting error.
Motion for leave to appeal dismissed with agreed costs of $2,500.
The moving party brought a motion for leave to appeal a lower court decision dated March 28, 2025.
The Divisional Court dismissed the motion for leave to appeal.
Costs were awarded to the responding party in the agreed amount of $2,500 all inclusive.
