Statutory Wills: A Case for Granting Ontario Courts the Authority to Pass Statutory Wills on Behalf of Persons Lacking Testamentary Capacity

Authors

Hassan Chaudhary

Document Type

Article

English Abstract

In Ontario, individuals have the freedom to create their own will. However, a person lacking testamentary capacity cannot draft an enforceable will. For those individuals who lack testamentary capacity and thereby draft an unenforceable will or simply pass away intestate, their estate is distributed according to the laws of intestacy, which can result in an undesirable outcome. An unjust distribution of an individual’s estate can, nevertheless, be avoided by providing Ontario courts with the ability to make, change, or revoke a will.

Citation Information

Chaudhary, Hassan. "Statutory Wills: A Case for Granting Ontario Courts the Authority to Pass Statutory Wills on Behalf of Persons Lacking Testamentary Capacity." Osgoode Hall Review of Law and Policy 4.1 (2014): 67-83.
https://digitalcommons.osgoode.yorku.ca/ohrlp/vol4/iss1/3

This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License.