When it comes to wills, the general advice is to avoid any action that may be construed as an attempt to revoke, alter or revive a testamentary disposition. This is because confusion and misinterpretation will inevitably arise where purported changes are not clear, and in those cases the courts will be called on to decide what the will-maker actually intended.

As a result, the best practice is to formally effect any change of plans by way of a new will or codicil with the help of a trusted advisor. However, circumstances can arise where a will-maker is not able to attend in front of a lawyer or notary, and last minute changes are made in a manner that leaves more questions than answers.

This was the case in Hart Estate (Re), 2025 BCSC 1584, where the deceased will-maker left a will containing handwritten alterations. Although the will itself was valid, the alterations were not made in line with the rules for validity as set out in the Wills, Estate and Succession Act.

No one knew for certain if the alterations were simply notes summarizing potential but undecided changes, or even who made the alterations to begin with! The question that the executor asked the court to decide was whether or not the alterations reflected the deceased’s deliberate, fixed, and final testamentary intentions. If so, the court would be able to cure the deficiencies and treat the alterations as though they were valid.

The court reviewed the facts and the law and ultimately decided that some but not all of the alterations met the necessary test and could be ‘cured’ pursuant to s.58 of WESA. The factors that impacted the decision were the existence of a to-do list with ‘update will’ listed thereon, and the fact that the will-maker had only left his initials by some of the changes - not all.

The moral of this story is that handwritten alterations to a will should be avoided, as the confusion this causes can only guarantee one thing – increased legal costs!

This article is intended for information purposes only and should not be taken as the provision of legal advice. Grace C. Cleveland is a lawyer with the law firm of Cleveland Doan LLP and can be reached at (604)536-5002 or grace@clevelanddoan.com.