Logan Estate: An Example of Best Practices in Will Drafting

Logan Estate: An Example of Best Practices in Will Drafting | Bennett Jones LLP


[co-author: Mikayla Hill - Articling Student]
A person who challenges the validity of a will has the burden of rebutting the presumption that a will is valid. In
Logan Estate (Re), 2021 ABCA 6, the challenger was unable to rebut this presumption due to the strength of the drafting solicitor's notes. This case reaffirms the importance of specific protocols that a solicitor should follow when drafting and executing a will, and in particular emphasizes the importance of keeping good file notes.
Background
The deceased, Velma Logan, made two prior wills that divided her estate equally amongst her six children. If a child predeceased her, that child's share would pass to his or her surviving children (Velma's grandchildren). Subsequently, one of Velma's children, Bonnie Balanko, died. Velma then changed her will leaving her estate to her five surviving children, rather than leaving Bonnie's share to her children.

Related Keywords

Bonnie Balanko , Velma Logan , Alberta Court , Bennett Jones , Logan Estate , Alberta Evidence Act , வெல்மா லோகன் , ஆல்பர்ட்டா நீதிமன்றம் , பென்னட் ஜோன்ஸ் , லோகன் எஸ்டேட் , ஆல்பர்ட்டா ஆதாரம் நாடகம் ,

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