In the Estate of Margaret, deceased

The dispute arose in the estate of Margaret, who died intestate, with a handwritten copy of a will in her possession. Margaret's daughter, the applicant, sought to have the handwritten copy admitted to probate as her mother's will, contending that Margaret had intended the alterations to be her final testamentary disposition. The opposing party, another grandchild, contested the validity of the handwritten document, arguing that it did not reflect Margaret's true intentions.

The court had to determine whether the handwritten alterations to the copy of the will constituted Margaret's valid testamentary expression. It also had to decide on an application for further provision by the daughter under the Family Provision Act, considering the competing claims of the grandchildren. Additionally, the court had to assess the costs incurred during the proceedings, particularly whether the usual rule of costs following should apply.

The court found that the handwritten alterations did indeed reflect Margaret's intended will. The court held that the alterations were made with the intention that they form her final testamentary disposition, despite the document not being formally executed. Regarding the application for further provision, the court considered the competing claims of the grandchildren but ultimately ruled in favour of the applicant, awarding her a provision from the estate. In relation to costs, the court decided not to apply the usual rule, resulting in no order as to costs for the unsuccessful applicant.