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ARTICLE · 11 JUNE 2025

Substantially Compliant

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This article is republished with permission from STEP Journal. Brian E Cohen and Maddi Thomas, "Substantially compliant," STEP Journal (Issue 3, 2025).

CanadaFamily and Matrimonial
Brian Cohen
Brian Cohen
Maddi Thomas
Maddi Thomas
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This article is republished with permission from STEP Journal. Brian E Cohen and Maddi Thomas, "Substantially compliant," STEP Journal (Issue 3, 2025).

What is the issue?

The introduction of 'substantial compliance' under s21.1 of the Succession Law Reform Act permits Ontario courts to validate wills that do not meet strict legislative formalities, if the document is authentic and clearly reflects the deceased's final intentions.

What does it mean for me?

This doctrine offers reassurance to estate planners, as even wills with small technical errors may still be considered valid. However, as case law is developing quickly in this area, there is no guarantee that a court will find a will or codicil to be valid if it does not meet the legislative requirements.

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