Holograph wills may seem tempting with their low cost and simple requirements, after all, you only need some paper and a pen. However, a recent endorsement from the Ontario Superior Court, In the Estate of Endre Gyorgy Kocsis, provides a good example of some potential issues that can arise from preparing a holograph will, especially without consulting appropriate professionals.

In this case, the deceased had prepared a holograph will, which even included the additional precaution of two witnesses, not a formal requirement for a valid holograph will. Unfortunately, the will failed to name an executor or estate trustee. To further complicate matters, while married at the time of death, the deceased had entered into a separation agreement whereby his spouse agreed not act as his personal representative in the case of his death.

Despite the modest assets of the Estate, the deceased’s daughter was forced to bring an application before the Courts requesting her appointment as estate trustee of her father’s estate adding what should have been unnecessary cost, time and stress to the administration.

In most circumstances, where an applicant for Certificate of Appointment of Estate Trustee with a Will is not named as estate trustee in the will, they are required to post an administrative bond pursuant to section 35  of the Estates Act. As a  small consolation, the  daughter of the deceased was not required to post the bond, as the value of the estate was under the prescribed amount of $150,000.00 for a small estate, and there were no minor or incapable beneficiaries.

While the resolution in this case was relatively straight forward, issues surrounding holograph wills can quickly increase in complexity and, consequentially, cost and time, as we have discussed in a few of our previous blogs, here and here. It is always advisable to consult with qualified professionals, even if you intend to prepare a holograph will.

Thank you for reading and have a great day.

Raphael Leitz