The Formality and Essential Validity of Wills.
With David Hobbs
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Show Notes Episode 15:
- Formal validity refers to how a will was executed.
- Usually if there is an issue it is regarding how a will was signed and witnessed.
- Essential validity has to do with whether the will maker is mentally competent to make a will and whether there is undue influence.
- The Court has power to cure deficiencies in the formal validity of a will.
- In the case of foreign wills, BC law can be applied to the will if the will maker is domiciled or owns real property in BC.
- If there is a previous will but the later will is proven to be invalid, then the previous will is used.
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