Poulk Estate, 2018 BCSC 1321

JurisdictionBritish Columbia
JudgeChurch
Citation2018 BCSC 1321
Date10 August 2018
CourtSupreme Court of British Columbia (Canada)
Docket NumberP1752872
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
4 practice notes
  • Gibb Estate (Re), 2021 BCSC 2461
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 17 Diciembre 2021
    ...2014 draft will was a final expression of her testamentary intentions. [76]        In Re Poulk Estate, 2018 BCSC 1321 the court refused to cure a will under s. 58 that was a fill-in-the-blank type of document filled out by the deceased's sister, one o......
  • Hubschi Estate (Re), 2019 BCSC 2040
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 27 Noviembre 2019
    ...testamentary intentions, but rather were “notes only to herself”. The Court of Appeal upheld this determination. [38] In Poulk Estate, 2018 BCSC 1321, the deceased was admitted to the hospital and died a week later. Following his admission to the hospital, a will was drafted that purported ......
  • Henderson v. Myler,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 20 Agosto 2021
    ...even if such evidence concerns events before or after the creation of the document at issue: Hadley at para. 40 and Poulk Estate, 2018 BCSC 1321 at para. 43. [282] Other factors include whether the language in the document is precatory or connotes a sense of finality: Lane Estate, 2015 BCSC......
  • Do Not Rely On The Court To Validate A Deficient Will
    • Canada
    • Mondaq Canada
    • 8 Octubre 2020
    ...test sounds simple, but it should be expected that a Court will be diligent and apply the test sparingly. For example, in Poulk Estate, 2018 BCSC 1321, the evidence of applicants was that the deceased dictated his wishes while in the hospital. Those wishes were then written by one of the de......
3 cases
  • Gibb Estate (Re), 2021 BCSC 2461
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 17 Diciembre 2021
    ...2014 draft will was a final expression of her testamentary intentions. [76]        In Re Poulk Estate, 2018 BCSC 1321 the court refused to cure a will under s. 58 that was a fill-in-the-blank type of document filled out by the deceased's sister, one o......
  • Hubschi Estate (Re), 2019 BCSC 2040
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 27 Noviembre 2019
    ...testamentary intentions, but rather were “notes only to herself”. The Court of Appeal upheld this determination. [38] In Poulk Estate, 2018 BCSC 1321, the deceased was admitted to the hospital and died a week later. Following his admission to the hospital, a will was drafted that purported ......
  • Henderson v. Myler,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 20 Agosto 2021
    ...even if such evidence concerns events before or after the creation of the document at issue: Hadley at para. 40 and Poulk Estate, 2018 BCSC 1321 at para. 43. [282] Other factors include whether the language in the document is precatory or connotes a sense of finality: Lane Estate, 2015 BCSC......
1 firm's commentaries
  • Do Not Rely On The Court To Validate A Deficient Will
    • Canada
    • Mondaq Canada
    • 8 Octubre 2020
    ...test sounds simple, but it should be expected that a Court will be diligent and apply the test sparingly. For example, in Poulk Estate, 2018 BCSC 1321, the evidence of applicants was that the deceased dictated his wishes while in the hospital. Those wishes were then written by one of the de......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT