Osgoode Hall Review of Law and Policy

Document Type


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.