After the Will Signing: 'Alterations' to Valid Wills
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AFTER THE WILL SIGNING: ALTERATIONS
TO VALID WILLS
Alison Minard*
I. INTRODUCTION
A last will and testament represents one's fixed and final
expression of intention regarding disposal of property upon
death.1 While the mechanics of making a valid will are
reasonably well comprehended by the general population, the
mechanics of changing one's testamentary wishes after the fact
are less well understood. This article examines, from an Ontario
perspective, the ways in which a testator may validly alter his or
her testamentary instructions after executing a valid will, with a
particular focus on the legal effect of handwritten notations
made on wills.
H. STATUTORY FRAMEWORK
This section outlines the provisions of the Ontario Succession
Law Reform Act2 (the SLRA) that govern the valid creation,
alteration, revocation, and revival of wills.3 These legislative
provisions provide a framework for determining the legal effect
of handwritten annotations and interlineations made on the face
of a will.
1. The Making of a Will: Valid Execution
The mechanics involved in making a valid will must be
understood in order to appreciate the circumstances in which a
testator's actions may result in the testator making a new will.
In Ontario, the SLRA sets out the formal requirements for the
execution of a valid will or codicil:
* McCarthy Ttrault LLP, Toronto, Canada. The author gratefully acknow-
ledges the invaluable research assistance of Jackie Bartlett of Macdonald
Sager Manis LLP and Sarah Ferguson of McCarthy Ttrault LLP.
1. Bennett v. Toronto General Trusts Corp. (1958), [1958] S.C.R. 392 (S.C.C.);
Canada Permanent Trust Co. v. Bowman (1962), [1962] S.C.R. 711 (S.C.C.).
2. R.S.O. 1990, c. S.26.
3. Pursuant to s. 1(1) of the SLRA, the term will includes a codicil.](ViewImageLocal?handle=hein.journals/espjrl39&div=11&collection=&method=preview&ext=.png&size=3)
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After the Will Signing: 'Alterations' to Valid Wills
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