Legal Question in Wills and Trusts in Canada

Re: Holographic wills

Only the very sophisticated and knowledgable person or the unwise rely on a holgraphic will. Even though they are legal in most provinces, they can be fraught with problems. There is no independant witness who can attest to capacity or the signature. Generally there are no powers granted to the executor and the executor is restricted in what he can do. A bank or other institution may not accept the validity of the will without probate and may refuse to provide relevant information or pay the funeral or other debts before probate. The wording itself is frequently problematic which can lead to very expensive litigation, involving a number of parties, in order to construe the real meaning and intent of the document. If this is a method of saving money it is a bad one.