When can a will be considered for "curative" relief?

A will may be considered for "curative" relief when there are procedural defects present, yet the intentions of the testator are clear. This principle allows the court to rectify issues, such as improper execution or lack of formalities, as long as it can be determined that the testator's intent can be ascertained from the document or other evidence. The focus is on fulfilling the testator's wishes rather than strictly adhering to the legal formalities that may not have been followed perfectly.

In situations where the will is contested in court, curative relief may not automatically apply, as the mere act of contestation does not inherently relate to rectifying defects in the document itself. Similarly, if a will is written in a foreign language, it does not directly pertain to the procedural defects in execution but rather pertains to translation and interpretation issues. When considering the testator's capacity and the validity of the will, if the testator is still alive, a will cannot be validated for curative relief since curative actions can only apply post-mortem with respect to their wishes as reflected in a deceased's will. Thus, the option regarding procedural defects and clear intentions aligns most closely with the legal principle surrounding curative relief in will disputes.