The Court noted that the applicant would be the appropriate person to apply to be the trustee of the deceased’s estate. However, given that the document was not found to be a valid holographic Will in Ontario and the applicant had not proven that he made an adequate search for another Will, the Court adjourned the application. The adjournment was intended to provide the applicant with an opportunity to see whether another Will could be found or to confirm that a Will was not found despite a careful search.

Contact Derfel Estate Law for Experienced Representation in Estate Litigation

The McKenzie case demonstrates the importance of speaking to a lawyer when preparing your Will. While it may be tempting to save costs by creating a Will without the assistance of a professional, it can result in serious consequences (and costs) for your beneficiaries down the line.

At Derfel Estate Law, our experienced team of estate lawyers provides skilled advocacy for clients involved in a variety of estate and trust disputes, including Will challenges and issues related to executors or trustees. We are conveniently located in Toronto and proudly serve clients throughout the Greater Toronto Area and Ontario. To schedule a confidential consultation, contact us online or by phone at 416-847-3580.