Wills are occasionally excluded from probate because their execution does not comply strictly with the formalities required by the Wills Act. This paper is to determine whether or not provision should be made for admitting to probate some or all wills that do not strictly comply with the formalities but which testators nonetheless intend to constitute their wills. This paper raises the question of whether or not some provisions should be made that would allow a document to be probated despite a failure to comply strictly, or at all, with the formalities prescribed for formal wills or the formalities prescribed for holograph wills. One option is a provision that a will can be probate if it is executed in “substantial compliance” with the formalities. The other is that the court will have power to admit to probate a document that does not comply with formalities. The power could be extended to dispensing with all formalities, with all formalities except writing, or with all formalities except writing and signature. It also raises the question whether any remedial provisions that apply to the original execution of wills should also apply to alterations in wills and revocation of wills.
CM8