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Asked: 19 days ago

Can a holographic Will be contested?

How could someone go about contesting a holographic will that was made 6 years ago from another province? The will itself wasn't signed or dated, it went through probate 3 times now. What can be done?

Samuel Michaels

Founder & Lawyer, SM Legal

In these circumstances, it may require an application to the court to have a judge interpret the will. If you require assistance on the drafting and filing of an application, you may wish to contact a lawyer through British Columbia's law society referral service or CBA referral service.

Answered: 19 days ago
Asked: a month ago

Can a signed Will with only one witness be valid?

My mother drafted a Will in Feb 2002 and signed it. She got permission from her proposed Estate Trustee in Sept 2002. Mom resigned her Will in the Witness Signature spot, dated it Sept 2002, and had the Estate Trustee'… (Read more)

Samuel Michaels

Founder & Lawyer, SM Legal

In general, a court requires two witnesses signatures for a Will to be legally valid. A handwritten will with no witnesses may also be valid, this form of will is known as a "holograph will". A holograph will must be written by hand. 

In this situation, it seems that the will may not be valid. In such circumstances, you may need to apply for an order from the court to distribute the estate. 

Answered: a month ago
Asked: 2 months ago

How much time does the executor of a will have to sell a property specified in a will?

My parents have both passed away, my father just five months ago. His Will specifies that their house be sold and the money be divided evenly between the 5 children. One of the siblings wants to purchase the house. Is th… (Read more)

Samuel Michaels

Founder & Lawyer, SM Legal

An estate should be handled in a timely manner by the executor, but the exact standard of timeliness may vary based on the circumstances. Unfortunately, without more information about the specifics of your situation, I cannot give a definitive answer. I would suggest you contact the Legal Information Line service in Nova Scotia. They will be able to refer you to information more specific to your case. Their website is:

Answered: 2 months ago