ARTICLE · 25 JUNE 2025

A Decades-old Handwritten Note Declared A Will: A Case Comment On The Blustein Estate Decision

Fillmore Riley

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In a recent decision of the Manitoba Court of King's Bench, Justice Greenberg was tasked with determining the validity of a handwritten note and whether it contained the true testamentary...

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In a recent decision of the Manitoba Court of King's Bench, Justice Greenberg was tasked with determining the validity of a handwritten note and whether it contained the true testamentary intent of the deceased, someone who never created a formal will.

The estate in question belonged to Minnie Blustein (Minnie) and is worth around $500,000. Leaving her friends and family a sum of $1, the note directed that her estate be distributed to charity.

To be admitted as a valid holograph will, the court had to be satisfied that the deceased's writing contained a fixed and final expression of how to distribute the estate.

Background and Facts

Minnie passed away at the age of 88 on October 22, 2017. Minnie had been living in a personal care home and her affairs had been handled by the Public Guardian Trustee of Manitoba (PGT) as her committee since 2007.

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