Intro to the Will

Question 1

Does property have to exist before will is made?

Answer 1

No can dispose of property acquired after making of will

Question 2

Limits on what wills can do

Answer 2

• Can only dictate disposal of body to certain extent

- Can’t say spouse can’t have kids and your designation of who gets them is just a suggestion

Question 3

Wills are…

Answer 3

Angulatory (not fixed), can revoke anytime up until death, anything can be changed at any time

Question 4

The rights beneficiaries have are…

Answer 4

• Spes successiones

- The hope of succeeding in getting something when a person dies

Question 5

Weinstein (Litigation Guardian)

Answer 5

Beneficiaries have no rights until they die

Question 6

Will must be made with

Answer 6

Animo testandi: intention to make a will (cannot be influenced by fraud, incapacity or undue influence)

Question 7

Bennet v Grey

Answer 7

Facts: woman wrote letter to lawyer in Winnipeg outlining what she wanted to do with a will but never decided on one and died 3 years later

Ratio: not holographic because does not contain a deliberate or fixed final expression of intention. Undecided on a lot.

Question 8

Wills must be..

Answer 8

Serious (not in jest) and imperative (cannot say “It is my wish” or “I hope that”)

Question 9

Does a will need to be just one document?

Answer 9

No, can be a series of documents and testamentary non-documents. Multiple wills and codicils and some can contradict each other.