Wills - NoticeConnect Blog

18 April 2019 TAGS: Wills

When can a will be signed by someone other than the testator?

One of the formal requirements of a valid will in Ontario is that it is signed by the testator or by some other person in his or her presence and on his or her direction. This means, that a will may be signed by an agent, or by amanuensis.

11 April 2019 TAGS: Estates

Case Brief: Challenging a will because of a "material mistake of fact"

In Cavanagh et al. v. Sutherland et al., a mother had made a will disinheriting one of her six daughters. After the mother died, this daughter argued that the will was invalid because the mother's decision to disinherit her was "contingent on a material mistake of fact."

4 April 2019 TAGS: Wills

Marriage and the Revocation of Wills

If you have executed a will before getting married in Ontario, it is automatically revoked upon marriage. This means, the entire will is invalid. One way to avoid this is to make a will in contemplation of marriage.

26 March 2019 TAGS: Wills

It's easy to register your entire will vault on the Canada Will Registry

We're launching the Canada Will Registry this May. Your firm can start preparing to register its entire will vault in one bulk upload. Registration is simple, free, and beneficial to you and your clients.

25 March 2019 TAGS: Wills

Electronic Wills

For many decades, the formalities associated with wills have undergone little modification. With the rise of technology and the use of apps for just about everything, the rise of unforeseen circumstances for probate courts to confront is a new reality.