Tag Archives: mistakes in wills

How far can a Court go to rectify a mistake in a Will?

What happens if after your death it is discovered that your will does not properly express your intentions? This was the issue in Re Verity, a recent decision of the BC Supreme Court. In this case, Beatrice Verity had no children but had 10 surviving nieces and nephews. Her will, as amended by two codicils, provided that the residue of her estate was to be divided into halves. One-half was to be divided equally among her 10 surviving nieces and nephews. The other half was to be divided equally among the four children of her deceased niece Doreen Fedorek (who I will refer to as the Fedorek children). The nieces and nephews claimed that this was a mistake and that Beatrice’s intention had been to divide the residue of her estate into 11 parts with only one of those parts to be divided equally among the Fedorek children.

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