Problems with Handwritten Wills

The testator left his real property and two bank accounts to his brother under a handwritten will. The will also listed five other individuals and stated, “I would [sic] all the people above to share equally in my estate.”

The Estate Trustee applied for direction on the will’s interpretation, asking whether the real property and accounts passed to the brother only, or whether the property and accounts were to be divided amongst the brother and five beneficiaries, equally.

In Re Brooks Estate, 2011 BCSC 166 (CanLII), the court held that the property was to be divided amongst the brother and the five named beneficiaries according to the plain and ordinary meaning of the words used in the will. The court noted that the only extrinsic evidence of relevance in the case was the fact that the testator’s significant assets consisted solely of the real property and the bank accounts. However, because the court determined the will contained no ambiguity, it found that extrinsic evidence was not required in this case.

See Paul E. Trudelle, To Whom Does the “Estate” Pass?, Toronto Estate Law Blog, Dec. 1, 2011.

Special thanks to Jim Hillhouse (WealthCounsel) for bringing this article to my attention.