The applicant, as estate trustee and trust trustee, sought declarations regarding the validity of a photocopy of a will, the nature of a jointly held property, and the validity of a "pour-over" clause in the will.
The court declared the photocopy will valid and the joint tenancy property a true gift by right of survivorship.
However, the court found the pour-over clause invalid, preferring the British Columbia approach which emphasizes strict formality requirements for testamentary dispositions, leading to the residue of the estate being distributed by intestacy.
Costs were awarded to the applicant from the estate.
