The decision in Hart Estate (Re)[1] (“Hart”), 2025 BCSC 1584, involved an Application to determine whether the handwritten alterations on Mr. Hart’s (the “Deceased”)  Last Will and Testament represented his deliberate and final testamentary intentions.[2]

The Deceased passed away at the age of 71, and did not have any children nor, a spouse. He was survived by his three siblings, namely, Andrew, Christine, and Joyce.

On May 12, 2021, the Deceased executed a handwritten Will (the “2021 Will”) which he signed in the presence of two witnesses. The 2021 Will appointed Andrew as the Estate Trustee and named several beneficiaries. After the Deceased’s death, Andrew found the 2021 Will on the Deceased’s dining room table, containing various handwritten alterations, some of which had been initialed by the Deceased.

The handwritten alterations increased the Deceased’s siblings’ estate shares, and reduced the gifts made to friends and non-immediate relatives.

Beside the 2021 Will, Andrew also found a “to-do list” with various tasks, including one that stated, “rewrite my will”. [3] Some tasks were checked off while others were crossed out.[4]

Andrew, in his capacity as the Deceased’s estate trustee, sought a determination from the court on whether the alterations to the 2021 Will reflected the Deceased’s deliberate, fixed, and final testamentary intentions.

Pursuant to s.58 of the Wills, Estates and Succession Act[5] (“WESA”) the court provided that an alteration to a Will may be given effect through s.58:

58 (1) In this section, “record” includes data that

(a) is recorded or stored electronically,

(b) can be read by a person, and

(c) is capable of reproduction in a visible form.

(2) On application, the court may make an order under subsection (3) if the court determines that a record, document or writing or marking on a will or document represents

(a) the testamentary intentions of a deceased person,

(b) the intention of a deceased person to revoke, alter or revive a will or testamentary disposition of the deceased person, or

(c) the intention of a deceased person to revoke, alter or revive a testamentary disposition contained in a document other than a will.

(3) Even though the making, revocation, alteration or revival of a will does not comply with this Act, the court may, as the circumstances require, order that a record or document or writing or marking on a will or document be fully effective as though it had been made

(a) as the will or part of the will of the deceased person,

(b) as a revocation, alteration or revival of a will of the deceased person, or

(c) as the testamentary intention of the deceased person.

(4) If an alteration to a will makes a word or provision illegible and the court is satisfied that the alteration was not made in accordance with this Act, the court may reinstate the original word or provision if there is evidence to establish what the original word or provision was.

The court agreed that extrinsic evidence may be admitted to give effect to a document pursuant to s.58 of WESA.[6]

The court determined that only the Deceased’s handwritten alterations on his 2021 Will which contained his initials, represented his fixed and final testamentary intentions. The court made these determinations on three groups of relevant factors: extrinsic evidence, effect of the alterations; and, the form of alterations.[7]

Extrinsic Evidence and Effect of the Alterations:

The Court found that Christine’s admissible hearsay statement was crucial extrinsic evidence. It revealed that during a phone call, the Deceased expressed his intention to leave his three registered accounts with Christine and divide the remainder of his estate equally among his three siblings.[8] Since the Deceased left his registered accounts in Christine’s name after his death, this supported his intention to also leave a larger share of his estate to his siblings, rather than to his friends or non-immediate family members.[9] This was in keeping with the alterations made on the 2021 Will, which provided a greater share of the Deceased’s estate to his siblings.

In addition, the court inferred from the Deceased’s “to do” list that he was in the process of amending his 2021 Will.[10]

Form of the Alterations

The court found that by initialling only certain alterations, the Deceased intended to confirm only those specific modifications.[11]

Based on the foregoing, the court gave effect to the handwritten alterations initialed by the Deceased on his 2021 Will.

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[1] Hart Estate (Re), 2025 BCSC 1584

[2] Hart at para 1

[3] Hart at para 14

[4] Hart at para 14

[5] Wills, Estates and Succession Act [SBC 2009] CHAPTER 13

[6] Ibid at para 22

[7] Ibid at para 36

[8] Ibid at para 37

[9] Ibid at para 43

[10] Ibid at para 38

[11] Ibid at para 41