Andrea Harper

The applicant sought to validate a deceased's self-drafted will that lacked proper witnessing.

The court considered the application under section 21.1 of the Succession Law Reform Act, which allows for the validation of documents expressing testamentary intentions despite formal execution deficiencies.

The deceased died after January 1, 2022, making the new section applicable.

The court found the will clearly expressed testamentary intent and was authentic, having been handed to the executor in a sealed envelope.

Applying the balance of probabilities standard, the court granted the application, validating the will.

The plaintiff's lawyer of record passed away, and his firm brought a motion to be removed from the record and for a charging order.

The motion was adjourned because adverse parties raised concerns about the plaintiff's capacity.

The court reviewed the legal framework for appointing a litigation guardian and ordering a capacity assessment under the Rules of Civil Procedure and the Courts of Justice Act.

The court directed the parties to consult and establish a framework to address the plaintiff's capacity before proceeding with the motion.