A recent BC Appeal Court decision confirms how important it is to use the correct words, and how important it is to review, often, our Will to confirm our words still accurately reflect our final wishes - because circumstances change.
The Will in question was made in 1984 many years before the Court was asked to construe its meaning about the gift value - after the huge increase in real estate value since 1984.
The court confirms: "...the task of the court is not to rewrite a will to make it fairer in the present circumstances. It is to identify and respect the wishes of the testator as expressed at the time the will was drawn."
The Court found the Will Maker intended the value of the gift to be its 1984 value not current.
