To be a valid will, the document must be testamentary in nature, a free expression of the testator’s wishes with respect to the distribution of his or her estate upon death, and conform to the requirements of execution set out in Part I of the Succession Law Reform Act.
The common challenges to the validity of a will are:
- Non-compliance with the requirements of due execution;
- Lack of testamentary capacity;
- Lack of knowledge and approval of the contents of the will (taking into consideration any “suspicious circumstances”); and
- Presence of undue influence.
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