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In the recent decision of Aulinger v. Oda, 2026 BCCA 13, the British Columbia Court of Appeal (BCCA) addressed a scenario that illustrates the enduring power of a “ghost” Will. This is a document created decades ago that, despite life changes and new relationships, remains legally active enough to dictate the distribution of an estate.
The Ghost Will of 1995
The case of Aulinger v. Oda centers on Johannes and Daniela Siebert, a married German couple that were splitting their time between BC and Germany. In 1995, while in Germany, the couple hand-wrote a simple joint Will before heading on a trip to the Maldives. This Will was signed by both Johannes and Daniela, and was comprised of just one sentence:
In case of our death, we, Daniela and Johannes Siebert, name Mr. Martin Steger and Ms. Gertrud Steger as universal heirs of our entire estate.
In 2019 Daniela drafted a new BC Will which revoked all her prior declarations and left her estate to Johannes. When Daniela passed away, her 2019 Will was used to pass her assets to her husband.
The Dispute
The legal dispute arose following Johannes’s unexpected death in 2022. Unlike his wife, Johannes had never drafted a new, individual Will in British Columbia. He was survived by his mother-in-law, Ms. Steger, and someone claiming to be Johannes’ partner in the final years of his life, one Ms. Oda.
Ms. Oda sought to inherit Johannes’ entire estate under s. 20 of the Wills, Estate and Succession Act (WESA) which mandates that a deceased person’s entire estate passes to his or her spouse (assuming there are no children to consider) when there is no valid Will.
Ms. Steger sought to inherit Johannes’ entire estate based on the 1995 Will.
The Durability of Testamentary Choice
The Court of Appeal overturned a lower court ruling to declare that the 1995 Will remained valid for Johannes, with his mother-in-law inheriting the estate. This decision highlights critical legal realities:
- Wills are durable: A document does not become invalid simply because it is old or because your life has changed.
- Wills vs. Spousal Status: In BC, while common-law partners have rights under intestacy laws, those laws only apply if there is no valid Will. A document executed 30 years ago takes precedence over current relationship status if it remains unrevoked.
- The Requirement for Revocation: Regardless of what an individual’s internal wishes may have been at the time of death, the law requires an express act of revocation to “cancel” a previous Will.
- Revocation is Individual: One spouse’s decision to update their Will does not automatically revoke the other spouse’s intentions contained in a joint document.
Although Johannes may have wanted to leave something for Ms. Oda, in the eyes of the law, unless a Will is formally revoked in a manner described in s. 55 of WESA, the “ghost” of a past testamentary choice may remain the legal reality.
Is an old document haunting your estate plan? The Estate Planning & Litigation group at LK Law can assist in identifying outdated documents and ensuring your estate plan is up to date. Contact LK Law today for a consultation.
This article is intended to be an overview of the law and is for informational purposes only. Readers are cautioned that this article does not constitute legal or professional advice and should not be relied on as such. Rather, readers should obtain specific legal advice in relation to the issues they are facing.
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