Misdescriptions In Wills

The British Columbia Supreme Court has recently opined on when a Court can remedy the misdescription of a beneficiary in a will.

In Baliko Estate v. Baliko, 2013 BCSC 2485 (B.C.S.C.), per Schultes J., a clause in a will purported to leave the residue of the estate to the "Kelowna General Hospital". The will explicitly excluded the testator's son. However, no actual legal entity was capable of receiving the gift of the estate's residue. That is, a government organization, the Inland Health Authority (IHA) owned the building and operated the Hospital. The Kelowna General Hospital Foundation (the "Foundation") was a charitable organization that was created to receive donations and raise funds on behalf of the Hospital.