On March 19, 2024, members of the OBA’s Trusts and Estates Section met for the monthly Brown Bag Lunch meeting. As always, a number of interesting discussions were had, and attendees shared their experiences and suggestions.
The first topic of discussion concerned an old Will where there was no affidavit of execution, one witness who had died, and where the BBLer raising the topic was unable to ascertain who was the second witness. Some attendees shared that in similar situations, they have proved the signature/handwriting of the testator using some other evidence. One BBL’er noted that the Estates Court Procedures Manual addresses this scenario and requires an affidavit explaining the situation.
Next, one BBLer asked for other attendees’ input on a situation where the witnesses to a codicil were beneficiaries of the Will, but not as a result of the codicil. Some attendees expressed their concern that a codicil republishes a Will. In that case, section 12 of the Succession Law Reform Act would technically be engaged. One BBLer shared that they had recently dealt with the same situation, explained the situation in an affidavit filed alongside their probate application, and successfully obtained the certificate of appointment of estate trustee.
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