Potter Estate v. Potter and Public Trustee (Man.), (1981) 12 Man.R.(2d) 396 (QB)

• Judge: Wilson, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: July 08, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 12 Man.R.(2d) 396 (QB)

Potter Estate v. Potter (1981), 12 Man.R.(2d) 396 (QB)

MLB headnote and full text

Potter's Estate v. Potter and Public Trustee of Manitoba

Indexed As: Potter Estate v. Potter and Public Trustee (Man.)

Manitoba Court of Queen's Bench

Wilson, J.

July 8, 1981.

Summary:

The executor of an estate applied for a determination of the validity of certain alterations in the testatrix's will and of the validity of a bequest which appeared below her signature.

The Manitoba Court of Queen's Bench held that the alterations and the bequest were valid.

Wills - Topic 1534

Preparation and execution - Signature - Place of signature - A testatrix added a postscript in her holograph will after her signature, disposing of the residue of her estate - The Manitoba Court of Queen's Bench held that the postscript was valid, because a holograph will need not be concluded with the testatrix's signature - Wills Act, R.S.M. 1970, c. W-150, s. 8(3) - See paragraphs 15 to 18.

Wills - Topic 1744

Preparation and execution - Alterations and deletions - Validity of - A testatrix, in making her holograph will, crossed out several words of a bequest without authenticating the change by her signature or initials - The Manitoba Court of Queen's Bench held that this was a valid alteration to the will, because the alteration was made before the will was "made" or completed - Wills Act, R.S.M. 1970, c. W-150, s. 19 - See paragraphs 19 to 25.

Cases Noticed:

Re Tachibana Estate (1968), 63 W.W.R.(N.S.) 99, consd. [para. 2].

Re Eames Estate, [1934] 3 W.W.R. 364, consd. [para. 3].

Re Webber Estate (1969), 70 W.W.R.(N.S.) 670, consd. [para. 4].

In the Goods of Henry Hornby, [1946] P. 171, consd. [para. 14].

Re Angell Estate (1955), 16 W.W.R.(N.S.) 342, refd to. [para. 25].

Statutes Noticed:

Wills Act, R.S.M. 1970, c. W-150, sect. 5(a), sect. 6, sect. 7 [para. 16]; sect. 8(3) [para. 17]; sect. 19 [para. 19].

Counsel:

D.G. Bjornsson, for the applicant;

D.A. Young, for the respondent Willard Stokes Potter;

M. Goldberg, for the respondent Public Trustee.

This application was heard before WILSON, J., of the Manitoba Court of Queen's Bench. The decision of WILSON, J., was delivered on July 8, 1981.