Non-compliant Wills – When Those Scribbles on a Napkin May Actually Be a Will

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This paper reviews the scope and application of certain provisions in the Wills and Succession Act that are changing probate practice and litigation: ss 37–38 allow the court to validate a non-compliant will or alteration; s 39 gives the court power to rectify a will. The paper reviews the legislative history of these provisions, and discusses how similar provisions have been applied in other Canadian and common-law jurisdictions.

This paper is part of a collection presented at LESA’s Wills & EPAs – Commonly Occurring Issues program in Edmonton on January 23, 2019 and in Calgary on January 30, 2019.

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