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Interlineations On Will and Wills Variation Act (WESA)

Interlineations

Interlineations

Many will makers write proposed changes on their will after its execution in the mistaken belief that these interlineations are legally binding, but they are not.

( The Wills Variation act is now contained within WESA, the Wills Estates and Succession act)

Heatherfeld v Heatherfield 2015 BCSC 505 follows  Hancock v Hancock 2014 BCSC 2398 at para 07 and holds that interlinear nations are capable of being interpreted as indications of changes that the deceased recognized with respect to legal and moral obligations that were recognized since the execution of the will.

Both these cases hold that while interlineations are by no means determinative, they are relevant considerations of the overall analysis of the wills variation claim now made under the provisions of WESA.

As such interlineations get added to a  list of the various criteria examined by the court in assessing the merits of a wills variation claim ( see McBride v Voth on this blog site for more details of the criteria)

 

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