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Probate application adjourned for additional evidence on whether an 'Outline of Will' was intended as a testamentary instrument.
The applicant sought to admit a document entitled 'Outline of Will' to probate as the last will and testament of the deceased.
The document was in point form but signed and witnessed.
The court found ambiguity as to whether the document was intended to be a will or merely an outline for a future will, and whether it was intended to revoke previous wills.
The application was adjourned to allow the applicant to provide additional evidence regarding the circumstances of the document's execution and the intentions of the deceased.
Estate property subject to a life interest vested in the residual beneficiaries at the testator's death.
The applicant executor sought directions regarding the interpretation of the deceased's will.
The will granted a life interest in a residential property to the deceased's wife, with the remainder to his two sons.
One of the sons died intestate before the life tenant.
The court applied the golden rule of will interpretation and the presumption of early vesting, concluding that the property vested in the sons at the date of the testator's death, not at the termination of the life interest.
