MacKinlay Estate, Re, (1993) 119 N.S.R.(2d) 345 (ProbCt)
|Court:||Nova Scotia Probate Court|
|Case Date:||January 25, 1993|
|Citations:||(1993), 119 N.S.R.(2d) 345 (ProbCt)|
MacKinlay Estate, Re (1993), 119 N.S.R.(2d) 345 (ProbCt);
330 A.P.R. 345
MLB headnote and full text
MacKinlay, of Bedford, in the County of Halifax, Province of Nova Scotia, deceased
Indexed As: MacKinlay Estate, Re
Nova Scotia Probate Court
January 25, 1993.
A testator's marriage revoked, by operation of law, his existing will. The day after the marriage, the testator executed a codicil. The issue was whether the codicil revived the will under s. 21 of the Wills Act.
The Nova Scotia Probate Court held that the post-marriage codicil revived the pre-marriage will and codicil.
Wills - Topic 2406
Revival - Revival by codicil - A testator's will was revoked by operation of law upon his remarriage - A post-marriage codicil was executed - The Nova Scotia Probate Court held that the post-marriage codicil revived the pre-marriage will and codicil under s. 21 of the Wills Act - The testator had only one will, there was no ambiguity and he clearly intended that his pre-marriage will continued to govern the disposition of his property.
Steele, In Re the Goods of (1868), 1 P & D 575, refd to. [para. 9].
MacDonnell v. Purcell (1894), 23 S.C.R. 101, refd to. [para. 9].
Debaie's Will, Re (1977), 22 N.S.R.(2d) 326; 31 A.P.R. 326 (Prob. Ct.), refd to. [para. 9].
Davis Estate, Re,  1 All E.R. 507, refd to. [para. 11].
Wills Act, R.S.N.S. 1989, c. 505, sect. 21 [para. 5].
Authors and Works Noticed:
Theobald on Wills (12th Ed. 1963), p. 63 [para. 8].
This case was heard before Bateman, J.C.C., of the Nova Scotia Probate Court, who delivered the following judgment on January 25, 1993.
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