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

• Court: Probate Court of Nova Scotia (Canada)
• Case Date: January 25, 1993
• Jurisdiction: Nova 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Revival - Revival by codicil - A testator's will was revoked by operation of law upon his remarriage - A post-marriage codicil was executed - The Nova Scotia Probate Court held that the post-marriage codicil revived the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.