Summary:

In this episode, Gordon & Jenna discuss testamentary intent and the impact of additional notes on estate administration. They explore the legal implications of handwritten notes found in the deceased's home or changes made directly on the will. They highlight the changes in the law regarding testamentary intent and the court's willingness to consider extrinsic evidence to determine the deceased's intentions.

Gordon & Jenna emphasize the importance of clear will drafting to avoid ambiguity. They address the role of the executor when encountering additional notes and provide guidance on seeking legal advice to assess their validity and potential impact on the estate distribution.

Key points:

• Testamentary intent refers to a formal will that clearly outlines the testator's intentions.
• Additional handwritten notes or changes on the will can complicate estate administration.
• The law allows the court to consider extrinsic evidence to determine the deceased's intentions.
• Rectification or court applications may be necessary to address ambiguous or invalid changes.
• The court's direction is essential to protect the executor and ensure proper distribution.

Hosts:
Jenna Carvalho
The smartest way to choose an executor.
Guardian Estate Company
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Gordon VanderLeek
Give your family a legacy of protection - Wills, Estates and Trusts.
VanderLeek Law
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