Hubschi Estate (Re), 2019 BCSC 2040

JurisdictionBritish Columbia
JudgeHonourable Mr. Justice Armstrong
Citation2019 BCSC 2040
Docket NumberP23243
CourtSupreme Court of British Columbia (Canada)
Date27 November 2019
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6 practice notes
  • 2023 BCSC 248,
    • Canada
    • 1 Enero 2023
    ...to cure issues of formal invalidity in prescribed circumstances: 33 The test that must be satisfied is set out in Hubschi Estate (Re), 2019 BCSC 2040 at para. 31 as follows: [31] The party seeking an order under s. 58(3) must demonstrate, on a balance of probabilities, that: (1) the testame......
  • Do Not Rely On The Court To Validate A Deficient Will
    • Canada
    • Mondaq Canada
    • 8 Octubre 2020
    ...under section 58 have been successful. Sometimes, these cases have been surprising. For example, in the case of Hubschi Estate 2019 BCSC 2040, electronic document found on a computer was found to be a valid will. In Bizicki Estate (Re) 2019 BCSC 2142, notes found in the deceased's room, wri......
  • Goehly Estate (Re),
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 17 Febrero 2023
    ...to cure issues of formal invalidity in prescribed circumstances: 33 The test that must be satisfied is set out in Hubschi Estate (Re), 2019 BCSC 2040 at para. 31 as follows: [31] The party seeking an order under s. 58(3) must demonstrate, on a balance of probabilities, that: (1) the testame......
  • 2023 BCSC 819,
    • Canada
    • 1 Enero 2023
    ...which she had stipulated, but no further instructions were ever provided by the deceased. 14 Authorities such as Hubschi Estate (Re), 2019 BCSC 2040, where Justice Armstrong considered validating an unsigned electronic document found on the deceased's computer stating “Get a wil......
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5 cases
  • 2023 BCSC 248,
    • Canada
    • 1 Enero 2023
    ...to cure issues of formal invalidity in prescribed circumstances: 33 The test that must be satisfied is set out in Hubschi Estate (Re), 2019 BCSC 2040 at para. 31 as follows: [31] The party seeking an order under s. 58(3) must demonstrate, on a balance of probabilities, that: (1) the testame......
  • Goehly Estate (Re),
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 17 Febrero 2023
    ...to cure issues of formal invalidity in prescribed circumstances: 33 The test that must be satisfied is set out in Hubschi Estate (Re), 2019 BCSC 2040 at para. 31 as follows: [31] The party seeking an order under s. 58(3) must demonstrate, on a balance of probabilities, that: (1) the testame......
  • 2023 BCSC 819,
    • Canada
    • 1 Enero 2023
    ...which she had stipulated, but no further instructions were ever provided by the deceased. 14 Authorities such as Hubschi Estate (Re), 2019 BCSC 2040, where Justice Armstrong considered validating an unsigned electronic document found on the deceased's computer stating “Get a wil......
  • Goehly Estate (Re),
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 17 Febrero 2023
    ...in prescribed circumstances: [33]       The test that must be satisfied is set out in Hubschi Estate (Re), 2019 BCSC 2040 at para. 31 as [31]      The party seeking an order under s. 58(3) must demonstrate, on a balance of probabilities......
  • Request a trial to view additional results
2 firm's commentaries
  • Solicitor's Reporting Letters Validated As List "Will" Of Client: Re McGavin Estate, 2023 BCSC 819
    • Canada
    • Mondaq Canada
    • 16 Junio 2023
    ...that section 58 has been given a broad and liberal interpretation in cases like Re Hadley Estate, 2017 BCCA 311 and Re Hubschi Estate, 2019 BCSC 2040. She also held that the New Zealand High Court decision in Re Feron, 2012 NZHC 44was helpful in that the broad scope of the New Zealand legis......
  • Do Not Rely On The Court To Validate A Deficient Will
    • Canada
    • Mondaq Canada
    • 8 Octubre 2020
    ...under section 58 have been successful. Sometimes, these cases have been surprising. For example, in the case of Hubschi Estate 2019 BCSC 2040, electronic document found on a computer was found to be a valid will. In Bizicki Estate (Re) 2019 BCSC 2142, notes found in the deceased's room, wri......

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