What is the test for a partial or total intestacy in a will?

British Columbia, Canada


The following excerpt is from Kellogg Estate (Re), 2013 BCSC 2292 (CanLII):

In Baldissera v. Baldassi (1997), 18 E.T.R. (2d) 128 (B.C.S.C.) at para. 10, Edwards J., citing The Canadian Law of Wills, vol. 2, confirmed that: There is a presumption against intestacy and the court will prefer an interpretation of the will which avoids an intestacy. And further, at para. 11, Edwards J. held: The court on reading the will as a whole may conclude that the testator clearly intended to dispose of his entire estate. Once such an intention is clear the court will construe the will so as to give effect to the will in preference to a construction which will result in a partial or total intestacy.

Other Questions


How is the net asset value of a broken-up marriage calculated when the parties agree the total family debts as at least as at the time of separation are to be deducted from the total assets? (British Columbia, Canada)
What is considered a "total disability" in the medical profession? (British Columbia, Canada)
When will an expert be excluded from a jury trial for partiality and improper advocacy? (British Columbia, Canada)
What is the definition of total disability under s. 80(1) of the Employment Benefits Act? (British Columbia, Canada)
What is the effect of partial amputation of two fingers? (British Columbia, Canada)
What is the totality of disbursements relating to orthopaedic surgeons? (British Columbia, Canada)
Can pain alone qualify for a total disability policy? (British Columbia, Canada)
How has the Court in BCSC 1740 reduced the total lifestyle award for loss of earning capacity? (British Columbia, Canada)
What is the test for finding both parties to be partially at fault in a motor vehicle accident? (British Columbia, Canada)
What is the difference between the total lifestyle approach for future care and the basic necessities? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.