Rectification and Interpretation of a Will

These applications commonly arise in situations involving:

Ambiguous Language - Clauses in the will are vague or can be reasonably read in more than one way.

Drafting Errors - Mistakes by the lawyer or person who prepared the will result in inaccurate terms.

Omissions - A beneficiary or asset is accidentally left out due to oversight or clerical error.

Conflicting Clauses - Different parts of the will contradict each other and require judicial clarification.

Unclear Gift Distribution - The will fails to specify who receives certain property or under what conditions.

Ontario law provides a process for courts to correct or interpret a will under limited and specific circumstances:

Rectification - The court may amend a will to reflect the testator’s true intentions if a drafting error or omission can be clearly proven.

Evidence of Intention - Courts may consider extrinsic evidence such as notes, emails, or testimony to determine the testator’s intent.

Statutory Grounds - Section 21.1 of the Succession Law Reform Act outlines when rectification is allowed.

Interpretation Applications - Executors and beneficiaries can apply to court for guidance on how to read or apply unclear provisions.

Timelines - Rectification claims must usually be brought within a reasonable time after the will is discovered to be problematic.

These cases can be legally and factually complex. Common difficulties include:

Lack of Evidence - It may be hard to prove the testator’s true intent without reliable written records.

Opposing Beneficiaries - Beneficiaries may resist changes that reduce or affect their share of the estate.

Presumption of Validity - Courts are reluctant to override a signed will without clear and convincing evidence.

Interpretive Disputes - Parties may disagree over the legal or grammatical meaning of certain clauses.

Executor’s Role - Executors may be caught between competing claims and unsure how to proceed without court direction.

At ME Law, we assist clients in both seeking and opposing rectification or interpretation of wills. Our services include:

Case Review - Analyzing the will and related documents to assess the strength of a rectification or interpretation claim.

Court Applications - Preparing and filing legal documents to request court intervention where needed.

Executor Support - Advising estate trustees on how to navigate unclear instructions or potential liability.

Dispute Resolution - Negotiating settlements to avoid litigation where possible.

Strategic Advocacy - Representing beneficiaries or executors in court with clarity, evidence, and legal precision.

If you are facing uncertainty or disagreement about a will’s meaning, ME Law can help. Contact us to get legal clarity and protect your interests in the administration of the estate.