The applicant sought an order under section 21.1 of the Succession Law Reform Act to validate a 'pour-over' clause in the deceased's will, which directed the residue of her estate to an inter vivos trust.
The deceased resided in Minnesota, where such clauses are valid, but owned property in Ontario.
The court dismissed the application, holding that pour-over clauses are invalid under Ontario common law and that section 21.1 is intended to cure defects in form, not substantive invalidity.
