Legal Blog

Will Validity

Re: Lacroix Estate  2021 Ont SCJ

A lawyer was able to take instructions from a hospitalized testatrix, but was not able to be allowed into the hospital to witness, along with another person, the execution of the will. Accordingly, the lawyer had the testatrix write in her own hand that the holograph will incorporated the attached draft will, which she initialed on each page. In effect, the lawyer attempted to turn the typed will into a holograph will. The judge refused a certificate of appointment, stating that the will was not wholly in the handwriting of the testatrix and was therefore not a holograph will. In effect, a holograph will cannot incorporate by reference a typewritten document.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.