This 2023 Ontario Superior Court of Justice case, Lindstrom v. Paju, 2023 ONSC 7289 (‘Lindstrom v. Paju’), serves as a stark reminder of the complexities involved in Ontario estate law and the critical importance of seeking professional legal assistance from a lawyer for wills and estate when you are entertaining the idea of handwritten wills and codicils. This case, which revolved around two handwritten documents purported to be codicils to a will, highlights the potential for disputes and the challenges of navigating the legal system without a competent representation from a wills and estate attorney.
The core of the dispute centred on Jennifer Lindstrom's claim that two handwritten documents altered her father’s will in her favor. These documents, which she presented as codicils, were contested by the Estate. The first document stated that Ms. Lindstrom should receive "half interest" in her father's camp, while the second document, also concerning a "half interest," included a witness signature.
However, the court found that neither document met the requirements to be considered valid codicils. A handwriting expert raised "serious concerns" about the legitimacy of the second document, concluding that the date and signature were not written by the deceased, and other parts were written at a different time. Further, the purported witness did not provide an affidavit. The court also noted that the first document expressed a present intention to give, rather than a testamentary intention effective upon death, which is required for a codicil.
Why This Wills and Estates Law Case Matters:
This “making a will” case underscores the fact that handwritten wills and codicils, even those that appear to be straightforward, are not automatically considered as valid legal wills. The Substitute Decisions Act, 1992, S.O. 1992, c. 30 ('Substitute Decisions Act') outlines strict requirements for valid wills and codicils in the Province of Ontario. A will must be in writing, and a holograph will must be entirely in the testator's handwriting and signed by the testator. If a will is not holograph, it must be signed by the testator in the presence of two or more witnesses who also subscribe the will in the presence of the testator. Any alterations to a will must be made with the same formalities as the will itself. The Succession Law Reform Act also includes provisions for court-ordered validity when a document does not fully meet the requirements but sets out the testamentary intentions of the deceased.
When thinking about how to make a will in Ontario, it’s crucial you follow these formalities, and this case demonstrates why doing so is essential. While you may find it appealing to turn to a wills Ontario template or a free Ontario will template, it's important to note that, if you don’t comply with legal requirements, using such templates can inadvertently lead to avoidable and unnecessary costly legal disputes. At Red Booth Law, our estate and will lawyers competently understand that writing a will in Ontario requires more than just filling in blanks on a form; it’s about ensuring your true intentions are captured clearly and legally.
The court's decision in Lindstrom v. Paju highlights several pitfalls of attempting to create or interpret testamentary documents without legal guidance from an estate planning lawyer:
Lack of Formalities: Where you are unaware of the strict legal requirements for wills and codicils, you may fail to meet these requirements in your own documents, especially when using a last will and testament sample Ontario or last will and testament forms Ontario that may not adhere to the necessary legal standards.
Ambiguous Language: Using vague or unclear language can lead to disputes and make it difficult to determine your true intentions. In Lindstrom v. Paju, the court noted the "confused" expression of intent, with the document using the words "I hereby give" rather than language indicating the intention of operation upon death. If you’re writing a will in Ontario, Canada, feel free to correspond and schedule an appointment with our will and estate attorney who will use precise and clear language to avoid future challenges.
Challenges of Proof: Proving the validity of a handwritten document can be very difficult, especially if there are doubts about its authenticity or if you’re no longer living. The lack of an affidavit from the witness further undermined the second document's validity in Lindstrom v. Paju. Before they arise, our lawyer for a can help address these issues.
Risk of Estate Litigation: When a will or codicil is not properly drafted, it can lead to costly and time-consuming estate litigation battles among family members, as seen in this case. For example, without professional guidance from our estate law boutique, someone might mistakenly think they can create a valid will by simply downloading a will template Ontario free form from the internet, which could lead to significant complications in the future.
The Crucial Role of a Will Lawyer:
Lindstrom v. Paju demonstrates the risks of DIY estate planning, and that seeking professional legal advice from our law firm is crucial when creating or interpreting testamentary documents. Our lawyer for a will can:
Ensure Legal Compliance: We will ensure that all necessary legal requirements are met, reducing the risk of challenges to the will.
Provide Clear Language: All while significantly reducing the chances of misinterpretation, our estate lawyer is trained to use clear and precise language that accurately reflects your true intentions. If you’re not sure about how to make a will in Ontario or what wording to use, consulting with our will attorneys can be invaluable to honouring your wishes and protecting your assets after you’ve passed.
Offer Expert Advice: Including the use of codicils, our highly competent estate planning law office can advise you on various estate planning options and help navigate complex legal issues, such as deciding whether a specific trust should be implemented within your Ontario will.
Represent You in Court: Also having vast knowledge in estate litigation, should a dispute arise, our estate litigation lawyer can represent your interests in court, increasing your chances of a favourable outcome.
Protect Your Wishes: Our will and estate attorney will ensure your wishes are clearly documented and legally protected, reducing the potential for future family conflict.
Key Takeaways:
Handwritten documents are not always valid: Strict legal requirements exist for valid wills and codicils. Using a last will and testament sample Ontario or a will template Ontario free without legal counsel could lead to issues.
Ambiguity and informality can lead to disputes: Clear, precise legal language is crucial to prevent misinterpretations. If you’re unsure how to make a will in Ontario, it’s best to consult with our wills lawyer.
Professional legal assistance is essential: Our estate law firm will ensure legal compliance, offer expert advice, and represent your interests in court.
DIY estate planning is risky: It can result in costly legal battles and may fail to fulfill your wishes.
The Lindstrom v. Pajucase is a cautionary tale that reinforces the critical importance of involving legal professionals in all aspects of estate planning. Don’t leave your legacy to chance — contact our lawyer for a will today.
Red Booth Law
Estate Litigation | Probate | Wills & Trusts
Toronto | Bowmanville | 416 953 0040 | info@redboothlaw.com
NOTE: It's important to know that laws and regulations are subject to change, and the information provided in the article may not reflect the most up-to-date legal requirements. Before making any decisions or taking any action, it's essential to consult with a legal professional to ensure that you have the most current and accurate information.
The content provided on this website is for informational purposes only and should not be considered as professional legal advice. If you have specific questions or concerns about your situation, it's always best to consult with our estate lawyer who can provide personalized guidance.