Intended executor of testator’s estate brought application for declaration that unexecuted will was valid and fully effective pursuant to provisions of s. 35.1(a) of Wills Act

Su v. Lam (2017), 2017 ONSC 2414, 2017 CarswellOnt 5833 (Ont. S.C.J.)

Deceased intended money transfers to B as gifts, motivated by natural and understandable gratitude to B for happiness and comfort of final year.

McDonald Bankruptcy (Re) (2017), 2017 CarswellBC 3030, 2017 BCSC 1957 (B.C. S.C.)

Possession of cheque did not allow neighbour to bring action for its value

Choquette v. Viczko (2017), 2017 CarswellSask 350, 2017 SKQB 191 (Sask. Q.B.)

Presumption of destruction with intention to revoke can be rebutted by evidence showing on balance of probabilities that testatrix did not destroy will or intend to revoke it

Chafe Estate v. Chafe (2017), 2017 CarswellNfld 285 (N.L. T.D.)

Testator changed his views in 2008 as he faced his own mortality and it was not unreasonable to accept that life-changing diagnosis may cause person to change plans, particularly considering that common law spouse was 11 years younger than testator

Killam v. Killam (2017), 2017 BCSC 175, 2017 CarswellBC 262 (B.C. S.C.)

Significant and disqualifying conflict of interest existed between executor in capacity as executor and trustee of deceased’s estate, and executor’s capacity as beneficiary seeking to enforce for personal financial benefit testamentary variation made two days before death of deceased

Featured in this issue are digests of recent decisions involving powers of attorney.