As of January 1, 2022, The Ontario Superior Court of Justice has the discretion and authority to make an order validating a testamentary document that was improperly executed. The court can now interpret and decide what the testator’s intentions were for the document, such as being a will, an amendment, or the revocation of a will.
Separated Spouses and Wills
Will and Marriage
One of the lesser-known legal “rules” that applied to all wills, was that a marriage after the creation of a will invalidated that will, unless a special clause was used “in contemplation” of the nuptials. This rule still applies to anyone who married before January 1st, 2022, and made a will prior to that marriage. Marriages AFTER January 1st, 2022, will no longer invalidate a will made by an individual prior to marriage, as deemed by the amendment to the Succession Law Reform Act.