Can a holograph instrument be used in a will?

British Columbia, Canada


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

In my view, the document fails to satisfy either of the requisite conditions above set forth - there is no evidence that it was in existence at the time of the execution of the will - in fact, the available evidence is to the contrary - and it cannot be said that the document is beyond doubt the document referred to in the will. There is no doubt in my mind that the testator attempted and intended to reserve to himself the right to make future unattested dispositions of trust property which, prior to the present provisions of the Wills Act as to holograph instruments, would have been impossible: Blackwell v. Blackwell, [1929] A.C. 318 at p. 330. … …

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