Executive Summary: Key Legal and Evidentiary Issues

• Court considered whether an unsigned and unwitnessed draft will could be declared valid under s.8A of the Wills Act.

• Determined if the draft will reflected the fixed and final testamentary intentions of the deceased.

• Evaluated the sufficiency and reliability of corroborative evidence from non-interested witnesses, including legal and care professionals.

• Assessed the impact of previously withdrawn objections by the respondents on the uncontested nature of the application.

• Examined compliance with procedural requirements for service and notice under the Probate Act and related regulations.

• Addressed the evidentiary burden on applicants to prove testamentary intent on a balance of probabilities.

Background and facts

The case of Goucher v. McCulley, 2025 NSSC 349, arose from the estate of Elizabeth Beatrice Blenus, who died in September 2022. Mrs. Blenus had executed a formal will in 2014, naming her husband as executor and her daughters, Ronda Lee Goucher and Laura Beth Blenus, as alternate executors. The 2014 will provided that her husband would inherit everything, but if he predeceased her, the estate would be divided equally among her two daughters and the surviving children of her late daughter, Heather McCulley.

In 2022, after her husband’s death, Mrs. Blenus sought to update her estate plan. She consulted lawyer Ashley Skerry, who drafted a new will based on Mrs. Blenus’ instructions. The draft will named Ronda as executor and Laura as alternate executor, and provided that the two daughters would share the estate equally. Notably, this draft will excluded Heather McCulley’s children from inheriting unless both daughters predeceased Mrs. Blenus. The draft will, however, was never signed or witnessed before Mrs. Blenus passed away.

The applicants, Ronda and Laura, applied to the Supreme Court of Nova Scotia for a declaration that the unsigned draft will was valid and should revoke the earlier 2014 will. The application was initially contested by Heather McCulley’s children (the respondents), but all objections were withdrawn before the hearing, leaving the matter uncontested.

Legal issues and court’s analysis

The central legal issue was whether the unsigned and unwitnessed draft will could be recognized as a valid will under s.8A of the Wills Act, which allows a court to declare a document valid if it embodies the testamentary intentions of the deceased, even if it does not comply with formal execution requirements. The court examined the evidence, including affidavits from the drafting lawyer, care professionals, and the applicants themselves, to determine whether the draft will reflected Mrs. Blenus’ fixed and final intentions regarding the distribution of her estate.

Justice Gatchalian reviewed the statutory requirements, relevant case law, and the corroborative evidence provided. The court found that Mrs. Blenus was competent, acted independently, and had clear, consistent intentions to leave her estate to her daughters, excluding her grandchildren in the first instance. The draft will was professionally prepared, contained a revocation clause, and was intended to be permanent, even though it was not signed due to Mrs. Blenus’ unexpected death before a signing appointment could be arranged.

Outcome and order

The court granted the application, declaring the draft will valid and fully effective as if it had been executed in compliance with the Wills Act. The 2014 will was revoked, and the estate was ordered to be distributed according to the terms of the 2022 draft will. The successful parties were the applicants, Ronda Lee Goucher and Laura Beth Blenus. No monetary award, costs, or damages were granted or ordered in the decision, and the total amount ordered in favor of the successful party could not be determined from the judgment.