Is there any case law or case law that supports the use of evidence of intention in the context of a written direction?
Nova Scotia, Canada
The following excerpt is from Maskell Estate (Re), 2017 NSSC 305 (CanLII):
There are policy reasons for being cautious about the use that may be made of outside evidence of intention. These are touched on in the case of Decore v. Decore 2009 ABQB 440 (CanLII) as follows: 1. There is a danger that a flood of spurious claims backed by hearsay will clog the courts and bring chaos to the orderly administration of estates. 2. There is a danger that the written document will be supplanted by an oral or verbal direction.
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