Presumption of revocation of lost will rebutted by evidence of testator's severe hoarding habits.
The applicant brought a motion for summary judgment to prove a lost will and admit a copy to probate.
The deceased's original will could not be found, raising the presumption of revocation.
The court found the presumption was rebutted by evidence that the deceased was a severe hoarder, making it likely the will was lost in the clutter rather than intentionally destroyed, and by his established solicitor-client relationship.
The court admitted the copy of the will to probate and directed that a bequest to 'VON Woodstock' be paid to VON Oxford.
The Governing Council of the Salvation Army in Canada v. Coles-Lecuyer et al., 2012 ONSC 3124
