The testator executed a will in Spain in 2002 dealing with her European property.
In 2006, she executed a Canadian will dealing with her entire estate, which contained a standard revocation clause.
The drafting solicitor was unaware of the Spanish will.
Following her death, the appellants sought to introduce third-party affidavit evidence to prove the testator did not intend to revoke the Spanish will.
The application judge ruled the evidence inadmissible.
The Court of Appeal dismissed the appeal, affirming the common law rule that direct extrinsic evidence of a testator's intention is inadmissible to construe an unambiguous will.
