The Doctrine of Republication

September 14, 2016 Suzana Popovic-Montag Estate Planning, Wills Tags: , , , , , , , 0 Comments

Republication of a valid will makes the will operate as if it were created on the date of republication. Generally speaking, a codicil republishes the will to which it refers, unless a contrary intention is expressed in the codicil. For example, a codicil, duly executed on September 14, 2016, to an earlier will would republish the will, making it operate as if the will were executed on September 14, 2016. This is true whether or not the codicil is annexed to the will. A testamentary document that is not called a codicil and that does not make reference to a specific earlier will does not republish the will.

Republication of a Will
“Republication of a valid will makes the will operate as if it were created on the date of republication.”

The Wills Act, 1837 provided that a republished will is deemed to have been made at the time of the republication. The Succession Law Reform Act (SLRA) does not make any reference to republication, to either confirm or abolish the doctrine. Thus, the SLRA has a neutral effect on the doctrine, and it continues to operate
in Ontario law.

The concept of republication was more important before the Wills Act, 1837 was enacted, when it was a rule of law that real property acquired after the date of the execution of a will could not be devised by that will. The Wills Act, 1837 changed the law so that a will speaks from the date of death in respect to the property of the testator.

Republication can still be useful in estate planning. For example,  republication can be used to incorporate by reference a document or memorandum into the will that was not in existence when the will was first executed (Lady Truro, Re (1866), [1865-69] LR 1 P &D 201). Republication might also be significant in construing the meaning of certain provisions of a will, particularly descriptions.

Thank you for reading.

Suzana Popovic-Montag

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