In the context of will validity, what does "intention" refer to?

In the context of will validity, "intention" specifically refers to the testator's genuine desire to create a valid will. This principle is central to the validity of a will, as it seeks to establish that the testator intended for the document they executed to serve as their last will and testament.

The legal system emphasizes this intention because it reflects the testator's wishes regarding the disposition of their property after their death. A will can only be deemed valid if it can be demonstrated that the testator intended to bequeath their assets in the manner outlined in the document. This intention plays a crucial role in cases where the validity of a will is challenged, as courts often look for evidence that the testator had the requisite mental capacity and a clear desire to create the will.

Understanding intention helps ensure that the intentions of the testator are honored, making it a fundamental aspect of estate law in Ontario. This is distinct from aspects such as contesting a will, the procedural formalities of drafting, or the clarity of language, which, while important, do not directly pertain to the core issue of whether the testator intended to create a valid will.