Written on Behalf of NULaw
on September 2nd, 2021
In a recent decision from the Supreme Court of British Columbia, the family of a deceased woman claimed that a note left behind by her should have reflected a change in her will, which left a substantial gift to a charity.
The deceased (“EM”) died in 2017 at the age of 99. Her closest living family members at the time of her death included a niece and three nephews. EM drafted a will in 2013 that left the residue of her estate to the BC Society for the Prevention of Cruelty to Animals (“SPCA”). Some specific gifts were provided to family members.
The most valuable asset owned by EM was her home, which was estimated to be worth $1.4 million in 2013, and was worth about $1.9 million when she passed away. The family found a note written by EM which stated that rather than receiving the full residue of the estate, family members were to receive money from the estate, with the SPCA receiving $100,000.
Was the Note Enough to Change the Will?
One of the best reasons to make sure you have a valid and current will is that it is the best way to ensure that your estate is divided up in a way that you wish following your death. Throughout your life, there may be a number of times when updating your will is necessary. For example, you may want to update your will following marriage, a divorce, the birth of a child, or the death of a spouse. Failing to update your will when circumstances would otherwise warrant doing so can leave your estate divided in a way contrary to your wishes.
NULaw
