Yesterday, the Ontario Court of Appeal released its decision in Robinson Estate. The decision acknowledged the trend in Canadian jurisprudence towards admitting extrinsic evidence of the testator’s circumstances and those surrounding the making of the will. However, the Court found that it was not open to the application judge to determine Blanca’s intention based on evidence from third parties about her testamentary intentions.
Not a happy day for respondent beneficiaries where a rectification application they opposed was granted and the court then ordered that they pay the costs of the applicant personally. Estate litigation is no cake walk.
Where the language of the Will is unequivocal and approved by the testator, a court will refuse to rectify a will to match the testator’s true intentions.