Rebecca M. Ernst

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.

The applicant sought an order validating an undated, unwitnessed fill-in-the-blanks document as the deceased's last will and testament under section 21.1 of the Succession Law Reform Act.

The respondent brother opposed, arguing the document was merely a draft and that his subsequent reconciliation with the deceased vitiated her intention to exclude him.

The court found the document represented the deceased's fixed and final testamentary intentions at the time it was made, and that a subsequent change in circumstances does not revoke a will.

The application was granted and the document was validated.

The applicant brought an application for the delivery of a dog pursuant to the deceased's will.

The will provided a legacy of $100,000 for the care of the dog to the individual who assumed its care and residence.

The estate trustee had placed the dog with her son after the applicant allegedly declined to take it.

The court reviewed text messages between the parties and concluded that the applicant did not intend to be the guardian of the dog in accordance with the will.

The application was dismissed.