In a personal injury action, can a witness give evidence of the testator’s intention?

In Foster v. Budgen (1984), 17 E.T.R. 307 (B.C.C.A.) the trial judge admitted several affidavits which dealt with the testator’s intention: the affidavit of the solicitor who drew the will, the former partner of a firm of chartered accountants the deceased had retained, and the respondent, who was one of the executors of the will. At paragraphs 8 to 9, the court stated: 8. . . . With respect to these affidavits the learned judge said in considering the contents of the three affidavits that he had excluded from consideration any averments made therein with respect to the alleged intention of the testator regarding the contents of his will, and in particular clause 5 thereof. It appears from the reasons for judgment that the learned judge did not succeed entirely in this regard. Clearly, such evidence of the testator’s intention would not be admissible, and the admissible evidence of general circumstances would be clouded thereby. It was a dangerous move to admit these affidavits into evidence. 9. There is abundant authority for the proposition that in interpreting a testamentary document the testator’s intention must be found within the four corners of the testamentary document itself.