Digest: Moodie (Estate) v Lakeview United Church, 2018 SKQB 69

DateFebruary 18, 2019

Reported as: 2018 SKQB 69

Docket Number: QBG 23/17 JCR , QB18068

Court: Court of Queen's Bench

Date: 2019-02-18


  • Elson


  • Wills and Estates- Wills � Interpretation � Evidence

Digest: The executrix of the Moodie estate obtained letters probate after submitting the will executed by the testatrix in 1999 and two codicils executed in 2004 and 2012 respectively. The first two probate documents had been prepared by the deceased�s lawyer and the third was written and signed by the testatrix before two witnesses. Aside from specific bequests, the estate, valued at $1.5 million was left to be divided equally between 13 charities, providing them each with $115,000. The executrix took the position that the wording of the second codicil cancelled the gift to the respondent church. The deceased had written: �I want all donations as designated in my will be completed except the $5,000 donation to the church to be cancelled.� The church objected and the executrix made this application. The executrix submitted an affidavit deposing that the deceased had been upset by the respondent�s spending of funds. She was unsure but thought that the deceased�s concerns pre-dated the 2012 codicil. Another affiant, a long-time friend of the deceased, also deposed that she wasn�t sure, but she thought that the deceased had told her that she wasn�t going leave the church anything in her will. The respondent�s treasurer provided an affidavit that described the deceased�s long relationship with the church and her annual contributions to it that continued until her death. He knew that the deceased objected to one particular project and the church ensured that her contribution was not allocated to it. Other than that objection, the treasurer was unaware of any other concerns that the deceased had with the respondent. The executrix took position that: 1) when the will and 2012 codicil were read together they indicated either a mistake or an equivocation; and 2) if so, then extrinsic evidence of the deceased�s testamentary intention to cancel the gift to the respondent was admissible.
HELD: The application was dismissed. The court ordered that the executrix should determine the amount of the gift to each residual beneficiary under the terms of the will and then reduce the gift to the respondent by the sum of $5,000. The court interpreted the will and the 2012 codicil in light of the surrounding circumstances and found the gift to the

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