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ARTICLE · 08 SEPTEMBER 2022

Is A Handwritten Note A Valid Will? The ABQB Confirms The Requirements

McLennan Ross LLP
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In Elkassem Estate (Re),[1] at issue was a will executed in 2017 by an individual who passed away in 2020. This will, similar to a will previously executed in 2007, divided the deceased's...

CanadaFamily and Matrimonial
Keshav Bhargava
Keshav Bhargava
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The question of whether a handwritten note can be considered a valid will was recently put before the Alberta Court of Queen's Bench. In short, where certain requirements are met, handwritten notes can be considered valid wills.

Facts

In Elkassem Estate (Re),1 at issue was a will executed in 2017 by an individual who passed away in 2020. This will, similar to a will previously executed in 2007, divided the deceased's estate equally amongst her three children (two sons and one daughter). The two sons were named as the personal representatives.

Five months following the deceased's passing, one of the sons discovered a handwritten note, allegedly written by the deceased. The note contained directions differing completely from those outlined in the will, and much more favourable to the two sons.

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