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

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.

This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.   

Click here to view some sample pages.