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[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.