Ontario Barrister and Solicitor Practice Exam

What might occur if a Will is stored in a locked safe at a seasonal residence or business and is not found at the time of death?

1. The Will is considered valid but unexecuted

2. The estate is divided according to the state's default laws on inheritance

3. The court presumes the testator destroyed their will and died intestate

4. A new Will is drafted based on the presumed wishes of the deceased

The correct answer is: The court presumes the testator destroyed their will and died intestate

If a Will is stored in a locked safe at a seasonal residence or business and is not found at the time of death, the court may presume that the testator intentionally destroyed their Will and died intestate (without a Will). This is because the testator failed to take proper measures to ensure the safekeeping and accessibility of their Will. Option A is incorrect because a Will must be executed (signed and witnessed) in order to be considered valid. Option B is incorrect because the default laws of inheritance only apply when a person dies without a valid Will. Option D is incorrect because a new Will cannot be drafted or enforced based on the presumed intentions of the deceased without proper legal documentation.