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ARTICLE · 26 FEBRUARY 2024

An Unsigned Will Can Be Declared Valid By B.C. Courts

Lawson Lundell LLP
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In November 2023, a justice of the B.C. Supreme Court made an order declaring that an unsigned will was valid despite it not being signed as it was found to represent the deceased's testamentary intentions.

CanadaFamily and Matrimonial
Jisoo Vis
Jisoo Vis
Sarvenaz Ghattan-Kashani
Sarvenaz Ghattan-Kashani
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In November 2023, a justice of the B.C. Supreme Court made an order declaring that an unsigned will was valid despite it not being signed as it was found to represent the deceased's testamentary intentions.

On April 16, 2022, James Christopher Salisbury ("Mr. Salisbury") passed away, leaving behind his wife, Hiedi Salisbury ("Mrs. Salisbury"), and five children. Mr. and Mrs. Salisbury each owned 50% of the common shares in a holding company which in turn owned an operating company that owned and operated the Powder King Mountain Resort near Mackenzie, B.C. Powder King purportedly boasts the best snow quality of all Canadian ski hills.

The outcome of this case illustrates the remedial powers now reposed in the courts where a deceased came close to but did create a will that meets the strict legal requirements. In the past, to be valid a will had to be in writing, signed at its end by the will-maker in the presence of two or more witnesses all present at the same

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