I may not consider myself superstitious, but I do have a penchant for an odd number of olives in my martinis from my last gig. There’s also a specific playlist I must hear before attending a hearing, and I can’t forget to wear my lucky watch or bring my lucky pen. Okay maybe I am a little-stitious – there are few rituals I deem essential. This curiosity led me to explore the superstitions lurking around the estate bar, both on the streets of downtown and online.
In the world of estate lawyers, rituals abound more than you’d think. Pens are placed with ceremony, folders never pass under ladders, and wills are certainly not drafted on Friday the 13th. Is it superstition, tradition, or a mix of both? Let’s delve into some of the quirky beliefs that persist in our profession and what they might mean when your estate plan is at stake.
Never Draft a Will on Friday the 13th
You’ve likely heard this one: Fridays become precarious when paired with the number 13. Lawyers whisper that documents signed on the “unlucky” date are more vulnerable to challenge. Of course, there’s no presumption of invalidity in Ontario law tied to superstitions. And yet, anecdotal horror stories about wills contested on technicalities, signed, after all, during an “unlucky” hour, have given this modern myth wings.
Takeaway: If you find yourself drafting near a spookier date, don’t delay for superstition’s sake, but do ensure rigour in process and clarity in intent.
Facing North When Signing Documents?
Some estate law lore holds that a testator should face north during signing, theoretically channeling “good fortune.” True, we don’t see this requirement anywhere in estate statutes. But as one client whispered, half-joking, “I felt steadier signing that way, and trust me, people looking to challenge a will will jump on any ambiguity.”
Directional preferences may offer psychological comfort, but they hold no legal weight. What matters more? That the testator is of sound mind, understands the document, and signs with witnesses present and properly executed.
The “Cold Feet” Rule
According to urban legend, if a testator hesitates or asks too many questions in the final moment before signing, the whole will could be void. Our experience (and Ontario law) doesn’t uphold a literal “cold-feet voidance” rule. Yet sincerity matters, hesitation can sometimes cloud proof of testamentary capacity, especially if undue influence is alleged later.
Good Practice Tip: Take time. Clients should feel informed, confident, and comfortable, not rushed. Thoughtfulness can ward off future doubts far better than any superstition.
The Lucky Pen
Some clients come to us with “their own lucky pen” for signing, usually a well-worn fountain pen with sentimental value. The belief? That it ensures their intentions seal in exactly as they wish. While heartfelt, we’re not aware of any adjudicator giving weight to the type of pen used.
Choose pens that leave clear, legible ink, lest smudging raise questions down the road. Sentiment? Optional. Clarity? Mandatory.
Mirror Behind the Signing Table
This one feels plucked from folklore, having a mirror behind the table so the testator “looks over their own shoulder,” ensuring they’re aware and assured. In estate practice, mirrors don’t affect validity, but the symbolism is clear: visibility, self-reflection, and transparency.
Legal Reflection: A calm, respectful environment is far more important. Whether or not there’s a reflective surface, the goal is a setting where the testator is fully present to make their wishes known.
No Boots on the Desk
This superstition isn’t just in legal offices, police officers, teachers, and others nod in agreement. Boots, they say, on a desk bring bad news. In wills, we say: leave muddy boots at the door, ideally outside. Not because it affects legal validity, but because professionalism and presentation matter.
Final Thoughts
Where superstition meets estate law, treat the former as anecdote and the latter as authority:
- Be meticulous. Clear capacity, proper witnessing, and unambiguous language carry weight.
- Be present. Make signing a thoughtful, respectful ceremony, not a rushed chore.
- Feel free to indulge. If a lucky pen or a mirrored wall calms nerves, go for it. But never lean on it in place of legal rigour.
Boris