Online Practice Manuals

Hadley Estate, Re

• 2016 BCSC 765
  • Go to CanLII for full text
• 2017 BCCA 311
  • Go to CanLII for full text

The above case is referenced within:

1. Annotated Estates Practice (Current to: January 01 2024)
   • Chapter 1. Wills, Estates and Succession Act—Annotated
     • LXXX. Court order curing deficiencies [§1.66]
     • LXXXI. Rectification of will [§1.67]
2. British Columbia Probate and Estate Administration Practice Manual (Current to: January 15 2023)
   • Chapter 1. Initial Advice for the Personal Representative
     • III. Preparing to Make the Application for Estate Grant [§1.31]
       • C. Reviewing the Deceased’s Will and Advising on Its Terms [§1.46]
         • 3. Checking the Will for Formal Validity [§1.51]
           • a. Wills Made in British Columbia [§1.52]
   • Chapter 4. Proceedings Relating to Estate Grants
     • VI. Curing Deficiencies in the Will [§4.46]
       • D. Key Issue—Was the Record, Document, Writing or Marking Intended to Have Testamentary Effect? [§4.51]
       • E. The Scope of WESA, Section 58 [§4.52]
     • VII. Rectification of Wills [§4.56]
       • B. WESA, Section 59 [§4.58]
         • 4. Standard of Proof in Claim for Rectification of Will [§4.62]
3. Civil Appeal Handbook (Current to: January 01 2023)
   • Chapter 7. Post-hearing Matters
     • III. Costs in the Court of Appeal [§7.22]
       • D. Costs of the Appeal [§7.26]
         • 2. Other Costs Orders in the Court of Appeal [§7.28]
           • g. Estates and Trusts Matters [§7.35]
4. Estate Disputes in British Columbia: A Litigator’s Guide (Current to: January 15 2024)
   • Chapter 6. Proceeding with Estate Litigation
     • IV. Evidence in Estate Litigation Proceedings [§6.42]
       • A. Admissibility of Evidence in Estate Litigation Proceedings [§6.43]
         • 1. Statements Made by the Deceased [§6.44]
   • Chapter 8. Rectification, Interpretation, and Construction of Wills Disputes
     • IV. Rectification of Wills [§8.4]
       • D. Legal Issues in a Rectification Application [§8.15]
         • 1. Determining the Will-maker’s Intentions [§8.16]
     • V. Interpretation and Construction of Wills [§8.20]
       • F. Costs in Rectification, Interpretation, and Construction Proceedings [§8.42]
   • Chapter 9. Curing a Defective Will
     • I. Introduction to Curing a Defective Will [§9.1]
     • III. The Curative Power under Section 58 of the WESA [§9.3]
     • V. Common Legal Issues in Section 58 Applications [§9.10]
       • C. The Material Time [§9.13]
     • VI. Evidence and Proof in Section 58 Applications [§9.14]
       • A. The Burden and Standard of Proof [§9.15]
       • B. Admissible Extrinsic Evidence [§9.16]
       • C. Types of Evidence Establishing Testamentary Intention [§9.17]
         • 2. Stand-alone Notes [§9.19]