Fallow Gould LLPKingston, ON · March 11, 2026Can an Unsigned Will be Probated?
Smith v. Bechtel Explains When a Court Will NOT Validate an Unsigned Will. Compared with Grattan v. Grattan Ontario’s introduction of section 21.1 of the Succession Law Reform Act (“SLRA”) in 2022 gave courts the power to validate wills that were not properly executed. This provision, often referred to as the “substantial compliance” rule, was designed to prevent unjust outcomes where a testator’s intentions were clear but technical formalities were not completed. However, two recent Ontario...
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