Written by Alexandra Brugman
Associate Lawyer at Carson Law
The intention was to make a will, but something went wrong
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. The court can also interpret the intention of the individual clauses therein if necessary.
When the Ontario court did not have this ability, a testator with clear intentions to make a will, may have been legally considered to have “no will (intestate)” since the will was not completed properly. Similarly, if the deceased had a previously, properly executed “old” will, and a “new,” improperly, executed will, the court and the executors would have had to follow the “old” will since it was the only valid will. In such a case, the individual clearly wanted to update their wishes with a new will, but they could not be followed, legally.
The January 1, 2022 changes to the Succession Law Reform Act gave the Ontario courts the power to “save” a will or an amendment that has clear intentions and wishes by the testator despite clerical errors, improper execution, or vague clauses, etc.
Don’t leave your wishes to chance, and speak with a lawyer at Carson Law. Have your will properly drafted or amended by our team.
Have questions about the new amendment to the Succession Law Reform Act?
Contact Alexandra brugman at:
905-336-8940 x 1002
alexandra@carsonlaw.ca
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