In Fair v. BMO Nesbitt Burns Inc. (Ont CA, 2022) the Court of Appeal considers the elements that make will terms binding on the testator:
[12] ... This is consistent with the law relating to testamentary dispositions – for a party to be bound to make a will a certain way, the agreement must provide that the will is not to be revoked. And that agreement must be proven by clear and satisfactory evidence: Edell v. Sitzer (2001), 2001 CanLII 27989 (ON SC), 55 O.R. (3d) 198 (S.C.), at para. 58, aff’d (2004), 2004 CanLII 654 (ON CA), 187 O.A.C. 189 (C.A.), leave to appeal refused, [2004] S.C.C.A. No. 372.
The author has waived all copyright and related or neighboring rights to this Isthatlegal.ca webpage.
