A court battle between three charities over a Langley woman’s last will and testament ended with two of the non-profits splitting her $700,000 estate.
The woman, in her early 70s, died on Aug. 13, 2024.
She had no spouse or children, and her closest relative was a sister from whom she had been estranged for decades. She also did not leave a notarized will.
According to a March 20 court ruling written by Justice Emily Burke of the B.C. Supreme Court, the deceased did leave behind drafts of both written and digital wills, which were discovered by her cousins after she passed away.
An unofficial will can be declared legal in court if it clearly represented the wishes of the deceased.
Both wills suggested the woman wanted most of her estate to be split between major Canadian charities. But the written will called for a 50-50 split between the Canadian Cancer Society and the Canadian Heart and Stroke Foundation, while the digital will, which was not fully filled out, included the Alzheimer Society of British Columbia and Yukon.
The digital will, using a downloaded form, did not specify any amounts for any of the charities, leaving them all set at zero.
None of the deceased’s surviving close relatives challenged her wills, with all of them saying they wanted her wishes respected.
The Heart and Stroke Foundation and Cancer Society petitioned the court to accept the printed will, while the Alzheimer Society petitioned for an order that the digital will was the final effective document.
In her ruling, Burke noted that the physical will was found on the woman’s dining room table alongside other important documents, and was complete except for a signature and witnesses signature.
One of the important questions was the timing of the two wills – which was completed last, and therefore likely represented her true final wishes?
Burke found that the physical will likely represented her final will, having probably been drafted after a major health decline in October 2022, after the digital will.
The fact that the physical will makes funeral arrangements, addresses issues with the woman’s sister, and gives a bequest of a piano are factors in showing it was a final expression of her intention, the judge ruled.
The Public Guardian and Trustee of British Columbia will act to distribute the deceased’s estate, and the Heart and Stroke Foundation and Cancer Society will share the bulk of the estate.