Navigating the Minefield - Common Probate Pitfalls in Ontario Estate Law
A will must strictly comply with statutory formalities to be validly probated. Under the Ontario Succession Law Reform Act (SLRA), a formal will requires the signature of the testator in the presence of two witnesses, who must also sign in the testator's presence. Self-drafted "DIY" wills or rushed execution procedures often lead to fatal flaws, such as beneficiaries acting as witnesses. Under Section 12 of the SLRA, if a witness (or their spouse) is also a beneficiary, any gift to that witness is generally void, creating unexpected partial intestacy.
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