Publications
Wills: Non-Compliance with Formalities, Final Report 84
This report recommends that Alberta courts be given power to admit to probate a will or an alteration, revocation or revival of a will that does not comply with the formalities prescribed by the Wills Act. This “dispensing power” could only be exercised if a court is satisfied by clear and convincing evidence that the testator intended to adopt the document as a will, alteration, revocation or revival. The only formal requirement that could not be […]
| AREA OF LAW | Wills and Succession |
| TAGS | armed forces, exclusion, formality, holograph, international, probate, will |
| FORMAT | Publications |
| FILE | fr084.pdf |
June 29, 2000
Wills: Non-Compliance with Formalities, Consultation Memorandum 8
Wills are occasionally excluded from probate because their execution does not comply strictly with the formalities required by the Wills Act. This paper is to determine whether or not provision should be made for admitting to probate some or all wills that do not strictly comply with the formalities but which testators nonetheless intend to constitute their wills. This paper raises the question of whether or not some provisions should be made that would allow a […]
| AREA OF LAW | Wills and Succession |
| TAGS | compliance, dispensing, formality, holograph, intention, probate, testator, will |
| FORMAT | Publications |
| FILE | CM8.pdf |
December 4, 1999