[ivory-search id="7358"]
Call us: (905) 366 9700     Email us: info@ontlaw.com

Legal Blog

Will Validity

Posted on November 15, 2021 | Posted in Civil Litigation, Five Liners

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.

 

Jonathan Speigel

 

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

Share:

Download our free checklist:

“10 Questions to ask before hiring a law firm”

DOWNLOAD

Speigel Nichols Fox LLP