2011 ONCA 493 (Released July 6, 2011)
Estates – Interpretation of a Will –
Admissible Evidence
This appeal challenged the common law position on the
inadmissibility of direct extrinsic evidence of a testator's
intention in the face of an unambiguous will.
The testator, who owned property in Spain, England and Canada,
executed a will in 2002 intended to deal only with her European
property (the "2002 Spanish Will"). She
granted a life interest in her London flat to the Appellant, with
whom she had a long relationship. In 2005, the testator sent her
lawyer drafting instructions regarding a Canadian will (the
"2005 Canadian Will"). The instructions
related to the "entire residue of [her] estate". Her
lawyer drafted the will according to the instructions but did not
inquire to as the testator's previous wills, the location of
her assets or her significant relationships. The 2005 Canadian Will
included a general disposition clause and a standard revocation
clause,
