Challenging A Will Due To Lack Of Formalities
Until recently, the Wills Act required that wills adhere to a certain standard of formalities and protocol, including the manner in which the will was drafted. Any deviation from this formal standard could result in the will being nullified.
New Parameters In Will Validity
Recent changes in estate planning laws have provided a great deal of latitude in how wills can be drafted and what constitutes a will. These new developments in the law allow judges and courts to read into the intentions of the will-maker and interpret his or her meaning in what was communicated.
This opened the door to allowing highly informal formats to serve as will, including documents left on a personal computer or device and apparent drafts of a will. Anything that has been left in text format could potentially be considered by the court for its eligibility to serve as a final will.
Legal Representation To Navigate Invalid Wills
The law is new and open to some degree of interpretation in courts throughout Canada. If you are facing a situation where a will has come into question, it is important that you have legal representation that understands the nuances of estate planning law, as well as the ability to navigate this complex issue of formalities.
Edward F. Macaulay is an experienced estate planning lawyer with more than two decades of handling estate planning matters and resolving disputes surrounding wills. He is regarded as a skilled litigation lawyer and leverages his abilities to achieve the best possible outcome for each client he represents. He is prepared to defend or challenge a will, utilizing proven legal solutions.