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Succession Law Reform Act
4. Ontario
currently has a strict compliance regime, which means
that a Will that fails to meet the requirements of the Act is
invalid, with no ability for the courts to validate the Will.
The proposed amendments would move Ontario to a substantial
compliance regime, which has been adopted in various
provinces and other jurisdictions.
If the amendments are approved, a judge would be able to
validate an improperly executed Will, provided the judge is
satisfied that the document reflects the testamentary intentions of
the deceased. This is a much-welcomed change in the eyes of
many estate practitioners, who acknowledge that mistakes in