What is the test for destruction of a Will?
New Brunswick, Canada
The following excerpt is from Barry et al v. Estabrooks Estate et al – Costs, 2015 NBQB 131 (CanLII):
In my view, this proceeding falls within the recognized exceptions set out in Breau. The origin of this litigation is Jarvis’ action in destroying the Will. Clearly, this falls under the second general exception set out in Mitchell v. Gard, supra, and adopted in Breau: litigation which is directly attributable to the fault of the testator.
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