This leads to an analysis of each of the documents to determine if any of them contains an expression of testamentary intention. It will be necessary to find that the words contained in the documents manifest, on the part of the deceased, a deliberate and final intention to dispose of her property on her death. See Bennett v. Toronto Trust Corporation, (1958) 1958 CanLII 49 (SCC), S.C.R. 392 at page 396 where Fauteaux J. said: There is no controversy, either in the reasons for judgment in the Courts below, or between the parties, that under the authorities, a holographic paper is not testamentary unless it contains a deliberate or fixed and final expression of intention as to the disposal of property upon death, and that it is incumbent upon the party setting up the paper as testamentary to show, by the contents of the paper itself or by extrinsic evidence, that the paper is of that character and nature ...
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.