Estate Litigation Blog
Valid holograph will
by Elizabeth Bozek, Published: April 10, 2012
Tags: estates, trusts, trusts and estates toronto
Elizabeth Bozek wrote a Case Comment that was published in the March 2012 edition of Deadbeat, the newsletter of the Ontario Bar Association, Estates and Trusts section, on the Niziol v. Allen, 2011 ONSC 7457 (CanLII) decision. The court's legal analysis provides a useful summary of numerous grounds upon which the court may judge the validity of a holograph will, including the following:
(1) The holograph will met the requirements of section 6 of the Succession Law Reform Act, R.S.O. 1990, c. S. 26.
(2) The language used by the deceased was found to be testamentary in nature.
(3) The holograph will was incapable of standing together with an earlier will because it purported to dispose of all the deceased’s assets.
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