Can a will instructions given to a lawyer be admitted to probate?
Manitoba, Canada
The following excerpt is from Timm v. Rudolph, 2016 MBQB 123 (CanLII):
Philp J.A. in George v. Daily, at para. 71, does acknowledge that will instructions given to a lawyer could be admitted to probate, but only (citing Halsbury’s Laws of England (4th ed. 1976), vol. 50, at para. 249), “if there is evidence that the testator had the lasting intention that the document should be dispository and operate provisionally until a more formal will was prepared.”
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