Can Texts and Emails Change a Will? Understanding Section 58 of WESA Through Paige v. Noel, 2025 BCCA 358

When Courts Can Fix a Will

The British Columbia Court of Appeal case Paige v. Noel, 2025 BCCA 358 offers a look at how section 58 of the Wills, Estates and Succession Act (WESA) operates in unique circumstances, such as text messages or emails expressing a will-makers intention to remove someone from their will.

Section 58 allows courts to fix formal defects in a will or other testamentary documents if it is clear the document truly reflects the deceased’s intentions. The key question is whether the writing shows a settled and final decision about how the deceased wanted their property distributed after death.

The Deceased, Her Family, and a 2014 Will

The deceased passed away in 2023 leaving a 2014 which left her estate equally between her goddaughter and her adopted child.

In 2022, before the deceased passed away she sent a text, and later an email expressing her wish to remove her goddaughter from her will. She even set up a notary appointment to make the changes.

In one message, the deceased acknowledged that the 2014 will would stand until a new will was executed. In 2022, she later told her appointed executrix to disregard her earlier messages about the notary. She scheduled and then canceled a new appointment, citing health reasons.

In early 2023, the deceased contacted a neighbor about a “very minor change” to her will, hoping to finalize her wishes through a lawyer. The deceased passed away the next day without signing a new will.

Why the Court Found the Messages Insufficient

The chambers judge initially held that the texts and emails reflected a fixed and final intention to alter the will under section 58. On appeal, the Court of Appeal disagreed. The court held that the messages did not show a settled intention.

The deceased clearly planned to make a new will. Until that new will was executed, the 2014 will remained legally valid. Texts and emails expressing the desire to make changes were not sufficient to meet this standard.

Lessons for Estate Planning

Paige v. Noel is a reminder that while section 58 is capable of fixing formal defects or giving effect to documents that do not meet traditional legal requirements. However, section 58 cannot infer a final intention where none exists.

Courts carefully examine the document itself and the surrounding circumstances. The goal is to determine whether the deceased’s intention was truly fixed and final. Casual discussions or preliminary messages are not enough.

Until a new will is executed or a document clearly shows a final testamentary intention, the existing will remains valid. For lawyers and clients dealing with informal documents or electronic communications, Paige v. Noel provides a practical guide for understanding the limits and powers of section 58.