MacKinlay Estate, Re, (1993) 119 N.S.R.(2d) 345 (ProbCt)

CourtNova Scotia Probate Court
Case DateJanuary 25, 1993
JurisdictionNova Scotia
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

Bateman, J.C.C.

January 25, 1993.

Summary:

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Revival - Revival by codicil - A testator's will was revoked by operation of law upon his remarriage - A post-marriage codicil was executed - The Nova Scotia Probate Court held that the post-marriage codicil revived the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.

Cases Noticed:

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, [1952] 1 All E.R. 507, refd to. [para. 11].

Statutes Noticed:

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].

Counsel:

[none disclosed]

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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1 practice notes
  • MacKinlay Estate, Re, (1993) 122 N.S.R.(2d) 354 (CA)
    • Canada
    • Nova Scotia Nova Scotia Court of Appeal
    • July 8, 1993
    ...The issue was whether the codicil revived the will under s. 21 of the Wills Act. The Nova Scotia Probate Court, in a judgment reported 119 N.S.R.(2d) 345; 330 A.P.R. 345, held that the post-marriage codicil revived the pre-marriage will and codicil. The testator's widow appealed. The Nova S......
1 cases
  • MacKinlay Estate, Re, (1993) 122 N.S.R.(2d) 354 (CA)
    • Canada
    • Nova Scotia Nova Scotia Court of Appeal
    • July 8, 1993
    ...The issue was whether the codicil revived the will under s. 21 of the Wills Act. The Nova Scotia Probate Court, in a judgment reported 119 N.S.R.(2d) 345; 330 A.P.R. 345, held that the post-marriage codicil revived the pre-marriage will and codicil. The testator's widow appealed. The Nova S......