What is the test for adding the words "Bequests, etc., on back of the will" in the form of a will?

British Columbia, Canada


The following excerpt is from Beniston v. Shepherd, 1996 CanLII 274 (BC SC):

Poole, Stewart v. Poole, 1928 CanLII 511 (PE SCAD), [1929] 1 D.L.R. 418 (P.E.I.S.C.), was a case with some similarity. It involved a will with words written on both sides of a single sheet of paper, by a draftsman at the request of the testatrix. The will was signed by the testatrix at the bottom of the first page and in the margin of that page, extending to the foot, are the words, "Bequests, etc., on back of will a part of will and put there at testator's direction before signature". In deciding whether the writing on the back page was to be brought into the body of the will so as to read the will as if the signature had been placed after those words, the court set a test at p. 422, as follows: (1)If such writing be referred to in the will with sufficient certainty to enable it to be identified. (2)If it be proved that such writing was in existence when the will was signed. (3)If the intention of the testator to include the writing in the will be evident.

A similar result is found in Palin v. Ponting, [1930] P. 185, where the words, "see other side for completion", and on the second page, "continuation from the other side", were used by the testator.

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