Can A Copy Prove A Lost Will?

In the recent case of Kacin v Kacin, 2024 ONSC 3345, the Superior Court of Justice for Ontario looked at whether a copy of a testamentary document could meet the requirements to prove a lost will.

In this case, the deceased, Lidia passed away in early 2023 and was survived by her three children: Yelka, who had maintained a relationship with Lidia until her death and who was appointed as Lidia's guardian and trustee in 2020; and Edward and Martina, whom Lidia had not seen since 2011. The deceased had suffered from poor mental life throughout her life, and in 2020, Yelka was appointed as Lidia's trustee and guardian.

Lidia had had a will prepared in 2001 which left everything to Yelka, but in 2011 she had a new will (the "2011 Will") and new powers of attorney prepared which named Martina as the sole trustee and beneficiary of her estate. The estate was relatively small and was comprised of $175,000 in GICs. The reason for the change was that Lidia felt that she