What is the testatrix required to give a gift of residue?
British Columbia, Canada
The following excerpt is from Johnson v. Pelkey, 1997 CanLII 2935 (BC SC):
Although Russell v. Baker involved a gift of residue, the principles in that case are applicable to the case at bar. The court emphasized that in order to affirmatively prove that the testatrix appreciated the effect of what she was doing, she had to be aware of the magnitude of the gift that she was making - whether the gift was small or large. A testator must not only "know and approve" of the clauses of the will as written, but appreciate the effect of the gifts.
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