Is there any dispute as to the validity of a primary and secondary wills, dated May 1997 as at the time of execution?
Ontario, Canada
The following excerpt is from O’Donovan v. O’Donovan, 2009 CanLII 64828 (ON SC):
There is no dispute as to the validity of the primary and secondary wills, dated May 1997, as at the time of execution. Counsel are of the view these wills were revoked by para. 1.1 (1) of the 1998 wills and by virtue of section 15(b), S.L.R.A. I agree. Further, there are no subsequent testamentary documents indicating an intention to revive the 1997 wills as required by section 19(1), S.L.R.A.: see also, MacDonell v. Purcell (1894), 1894 CanLII 7 (SCC), 23 S.C.R. 101 (S.C.C.).
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