By: Katherine L. Ratcliffe

In 2025, the Alberta Court of King’s Bench in Smith Estate (Re) had an opportunity to review and confirm the law in Alberta on the validation or rectification of wills that do not comply with the formal requirements for validity set out in the Wills and Succession Act (WSA). While the decision does not depart from previous case law, it reminds the reader that there are significant differences between the laws of Alberta and the laws of the other provinces on this subject, and it invites comparison to the relatively new dispensing provisions now in force in Ontario.

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