There is a clear rationality for why the law and the courts demand that very specific formalities are adhered to when disclosing a person's last will and testament, which must of it having to do with fraud and undue influence. These formalities are intended to protect the old and infirm against the unscrupulous actions of certain persons who would seek to improperly take advantage of their frailties and weaknesses. And for this very reason, the law demands precision and exactitude, with very little room for inference or after death efforts at purported rectification.

And given that the deceased person cannot interpret or correct their will after death, we can look to the clear and specific wording of the will to determine the dispensation of the estate. This in turns leads to an inextricably high rate of reliance upon technicalities to interpret and implement last wills and testaments. For without the ability to bring back to life the individual at the centre of the will, there really is no choice but to be strict in one's interpretation and defer to specifics of the law (otherwise known as technicalities).

It is the basis upon which many estate litigation matters are won or lost in court, for even where an equitable resolution might be sought, in the absence of the deceased person, it is necessary to rely upon will formalities and technicalities.

For experienced and specialized legal representation pertaining to wills with respect to inheritance disputes and estate litigation, contact the law firm of Neufeld Legal Professional Corporation and lawyer Christopher Neufeld, by telephone at 403-400-4092 or email at Chris@NeufeldLegal.com.

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