The applicant sought to validate a collection of handwritten and will-kit documents as the deceased's later will, or alternatively to undo an earlier validation order and have the estate administered on an intestacy.
The court applied the s. 21.1 substantial-compliance framework under the Succession Law Reform Act and accepted authenticity, but found the incomplete documents did not establish fixed and final testamentary intentions.
The absence of key pages, executor designation, and residue clause, together with references to an existing "copy of will" and "original will," supported the inference that the materials were ancillary directions rather than a new will.
The court also rejected the alleged revocation of the previously validated 2004 will and held that ordinary civil costs rules applied.
