The Accelerating Access to Justice Act, 2021, amends the Succession Law Reform Act, RSO 1990, c S.26 such that:
On January 1, 2022, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2021, c. 4, Sched. 9, s. 5)
Court-ordered validity:
21.1 (1) If the Superior Court of Justice is satisfied that a document or writing that was not properly executed or made under this Act sets out the testamentary intentions of a deceased or an intention of a deceased to revoke, alter or revive a will of the deceased, the Court may, on application, order that the document or writing is as valid and fully effective as the will of the deceased, or as the revocation, alteration or revival of the will of the deceased, as if it had been properly executed or made. 2021, c. 4, Sched. 9, s. 5.
The new legislation applies to all deaths that occur on or after January 1, 2022, as per section 21.1 (3).
Ontario legislation moves from a so-called “strict compliance” to a “substantial compliance” regime. It will now be interesting to see how flexible the courts will be in applying the new legislation.
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