An application was brought to validate a will that failed to meet formal execution requirements under the Succession Law Reform Act, as the subscribing witnesses were not actually present.
The court applied section 21.1 of the Act, which allows for the validation of improperly executed documents if they set out the deceased's testamentary intentions.
Despite the applicant, a beneficiary, having effectively witnessed the will, the court found no evidence of undue influence, and all other beneficiaries consented or did not oppose the validation.
The court declared the will valid and ordered costs to be paid from the estate.
