What is the legal effect of a handwritten notation on a will?

Study for the Ontario Estates Law Exam. Prepare with expertly crafted questions and detailed explanations. Enhance your understanding of estates law and boost your confidence before the exam.

A handwritten notation on a will can serve as a codicil if it meets specific legal requirements, such as being executed with the necessary testamentary intent and complying with applicable formalities. A codicil is essentially an amendment or addition to an existing will, and it allows the testator to change part of their will without having to rewrite the entire document.

For a handwritten notation to qualify as a valid codicil, it must be clear that the testator intended the notation to amend their will. This may include clear modifications regarding the distribution of assets, changes to executors, or other significant details. The notation should also be signed by the testator and, in many jurisdictions, may need to adhere to the same witnessing requirements as a formal will, although certain exceptions exist for holographic wills that do not require witnesses.

This understanding emphasizes the importance of the intent behind any handwritten notation, as it can effectively alter the provisions of the will if it meets the necessary legal standards. Thus, option B accurately reflects the potential legal implications of such a notation.

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