CPA · Wills and Succession Act
Part 3 — as if the testator had died intestate. (2) For the purposes of subsection (1)(a) to (d), the intended beneficiary is deemed to have predeceased the testator. (3) Despite subsection (1), no share of the property that is the subject of the dispos
39 Rectification
by adding or deleting characters, words or provisions specified by
the Court if the Court is satisfied, on clear and convincing
evidence, that the will does not reflect the testator's intentions
because of
(a) an accidental slip, omissi on or misdescription, or
(b) a misunderstanding of, or a failure to give effect to, the
testator's instructions by a person who prepared the will.
(2) Subsection (1) applies to the omission of the testator's
signature only if the Court is satisfied on clear and convincing
evidence that the testator
(a) intended to sign the document but omitted to do so by pure
mistake or inadvertence, and
(b) intended to give effect to the writing in the document as the
testator's will.
(3) An application under this section may not be made more than 6
months after the date the grant of probate or administration is
issued, unless the Court orders an extension of that period.
(4) The Court may order an extension of the period on any terms
the Court considers just.
2010 cW-12.2 s39;2011 c20 s13