When An Unsigned Or Imperfect Document May Still Matter In Ontario
April 23, 2026
BY: IAN ANDREW LAW
For many years, the answer to an unsigned or imperfect will-like document was usually simple: if it did not satisfy the statutory formalities, it failed.
Ontario’s curative provision changed that landscape. The answer is no longer automatically no. But it is still far from automatic yes.
Key Takeaways
• Ontario now has a curative provision in section 21.1 of the SLRA.
• A document that was not properly executed may still be validated if it sets out the deceased’s testamentary intentions.
• Authenticity and intention remain central.
• Not every draft, note, or unsigned paper will qualify.
• This area of law is important, useful, and still developing.
What Section 21.1 Does
Section 21.1 allows the court to validate a document or writing that was not properly executed if the court is satisfied that it sets out the deceased’s testamentary intentions, or the deceased’s intention to revoke, alter, or revive a will. That is a significant change from the old formal-strictness model.
But the statute does not eliminate the need for reliable proof.
What Still Has To Be Shown
The court will still want confidence that the document is authentic and that it truly embodies the deceased’s testamentary intention, not just a preliminary thought, an unapproved draft, or an incomplete planning step. Context matters. So do custody, surrounding communications, lawyer records, and the nature of the document itself.
The curative power is real. It is not a licence to treat every near-will as a will.
Why This Area Needs Careful Handling
Ontario courts have already used section 21.1 to validate imperfect documents, but the boundaries remain under development. Unsigned drafts and lawyer’s notes may raise harder questions than a will that was clearly intended, authentic, and only defectively witnessed.
An imperfect document may matter much more now than it once did. The real issue is whether the evidence can show that it mattered as a testamentary expression, not just as an unfinished idea.
Sources
• Succession Law Reform Act, R.S.O. 1990, c. S.26, s. 21.1.
• Cruz v. Public Guardian and Trustee, 2023 ONSC 3629.
• Vojska v. Ostrowski, 2023 ONSC 3894.
• White v. White, 2023 ONSC 3740.
This article is for general information purposes only and does not constitute legal advice. Reading this article does not create a solicitor-client relationship. If you require advice specific to your situation, contact my office.