The case of Veronica Elizabeth Reid offers a compelling glimpse into the complexities of estate litigation, particularly when an estate relies on a non-compliant testamentary document to determine the deceased’s intentions. This case revolves around a handwritten note purported to represent Veronica’s will and the legal challenge brought under section 58 of WESA.^[1]

The Background

The case is about Veronica Reid, who passed away in November 2021, predeceasing her three brothers – Gregory, Allan and David, and their children. Allan is the father of Katie, whose mother Anita Horner brought forth this petition on behalf of her daughter Katie, to have the handwritten will cured and pronounced as the valid will of Veronica.

If successful, Katie would inherit Veronica’s estate in trust until age 30. Otherwise, the estate, valued modestly at $80,000, would be distributed according to intestacy laws.^[2]

The Handwritten Document: Authenticity vs. Testamentary Intentions

The court determined that the handwritten document was indeed authentic, as confirmed by Veronica’s longtime friend, Deborah McIntosh. However, authenticity alone does not suffice in such a scenario.^[3] For the court to “cure” a non-compliant will under section 58, it must represent the deceased’s fixed and final testamentary intentions.^[4]

Here, the court found the document lacking in several critical respects:

1. Ambiguity and Vagueness: The document contained unclear phrasing, such as “first option Ellesmere Island” for scattering ashes, and lacked provisions for an executor or trustee.^[5]
2. Incompleteness: Ms. McIntosh also deposed that in September 2021, Veronica told her she was working on a will questionnaire with a lawyer in Yukon, and had planned to change her will, which does not support the contention that the handwritten document expressed Veronica’s fixed and final testamentary intentions.^[6]
3. Contextual Contradictions: When Veronica’s eldest brother Gregroy visited her at the hospital due to her failing liver Veronica reportedly told him that she did not have a will. This undermined the argument that she considered the handwritten will to be a valid document.^[7]

The Role of Section 58

Section 58 of WESA allows the court to recognize documents that do not meet formal will requirements if they express testamentary intentions. However, as this case illustrates, the threshold is high. Courts evaluate:

• The document’s content and structure.
• Evidence of the deceased’s intent at the time of writing.
• External circumstances, including verbal declarations and subsequent actions.^[8]

In this case, though Veronica’s handwriting and affection for her niece Katie are all undisputed, the handwritten document failed to demonstrate the requirement of fixed and final intent as per the law.

Lessons from the Reid Estate

This case underscores the challenges of relying on informal or non-compliant documents in estate planning. While section 58 of WESA provides a remedy for curing defective wills, the threshold for proving testamentary intent is quite high. Here are some key takeaways:

1. Formal Wills Are Essential: This case highlights the risks of failing to prepare a formal will. A properly executed will ensures that the deceased’s intentions are clearly documented, minimizing the potential for disputes.
2. The Importance of Testamentary Intentions: Courts require clear evidence that a document represents the deceased’s fixed and final intentions. Ambiguities, contradictions, and evidence of ongoing deliberation in such a situation can undermine an application to cure a defective will.
3. Gathering Evidence in Disputed Estates: For litigators, this case demonstrates the importance of collecting comprehensive evidence, including testimony about the deceased’s state of mind, actions, and verbal declarations. However, courts are cautious about hearsay evidence and give greater weight to testimony from disinterested parties.
4. Section 58 Powers Are Not Unlimited: While section 58 gives courts the discretion to cure non-compliant documents, its application is fact sensitive. The further a document departs from the statutory requirements, the harder it is to establish testamentary intent.

Concluding Comments

The Reid case serves as a cautionary tale for both estate planners and beneficiaries. Informal estate planning creates uncertainty and increases the likelihood of litigation. For beneficiaries, the case illustrates the difficulty of proving testamentary intent when a document is incomplete or ambiguous. For legal practitioners, it reinforces the importance of guiding clients through the process of creating formal wills to avoid potential disputes amongst beneficiaries of the estate.

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[1] Reid Estate, 2024 BCSC 1932 (CanLII), at para 3

[2] Reid Estate, 2024 BCSC 1932 (CanLII), at para 3 & 4

[3] Reid Estate, 2024 BCSC 1932 (CanLII), at para 5 & 8

[4] Reid Estate, 2024 BCSC 1932 (CanLII), at para 17

[5] Reid Estate, 2024 BCSC 1932 (CanLII), at para 29 & 30

[6] Reid Estate, 2024 BCSC 1932 (CanLII), at para 7

[7] Reid Estate, 2024 BCSC 1932 (CanLII), at para 11

[8] Reid Estate, 2024 BCSC 1932 (CanLII), at para 15