What are the consequences of improper execution of a will?

The improper execution of a will can have significant consequences, primarily the invalidation of the will, which leads to intestate distribution of the deceased's estate. Under Ontario law, for a will to be valid, it must comply with specific formalities outlined in the Succession Law Reform Act. These include requirements such as being signed by the testator in the presence of two witnesses who also sign it. If these formalities are not adhered to, the will may be deemed invalid, thereby nullifying the testator's intentions as expressed in that document.

When a will is invalidated, the estate is distributed according to the laws of intestacy, which determines how an individual's assets are divided among their relatives based on predefined statutory rules rather than the deceased's personal wishes. This can lead to outcomes that are potentially very different from what the deceased intended, such as distributions that favor relatives that the deceased may have wished to exclude.

While the contesting of a will is certainly a consequence of improper execution, the more immediate and far-reaching consequence is the potential invalidation of the will itself, which directly influences the distribution of the estate. The other options reflect various scenarios that do not adequately capture the primary legal consequence of improper execution.