Chamber
pei
Stage
Introduced
This bill creates a new Wills Act for Prince Edward Island, modernizing the rules for making, changing, and enforcing wills.
Key Changes
- Replaces the wills provisions in the old Probate Act with a new, consolidated Wills Act
- Allows courts to validate a will that doesn't meet formal requirements if it clearly reflects the testator's true intentions
- Clarifies that marriage or entering a spousal relationship no longer automatically revokes a will, but separation or divorce can void gifts to a former spouse
- Sets out a clear order for distributing gifts when a beneficiary dies before the testator
- Incorporates the Washington Convention on International Wills, allowing PEI residents to make internationally recognized wills
- Allows members of the Canadian Forces or sailors on a voyage to make a valid will without the usual witnessing requirements, even if under 18
Gotchas
- Wills made before this Act comes into force are still governed by the old Probate Act rules, but court validation powers (sections 14–16) apply to any will where the testator dies after the Act takes effect, regardless of when the will was made.
- A witness or interpreter who helped create the will, or a person who signed on behalf of the testator, cannot receive a gift under that will — but a court can override this if it is satisfied the testator genuinely intended the gift and was not unduly influenced.
- The court validation power (for non-compliant wills) gives judges significant discretion, which could lead to more legal disputes over whether informal documents like text messages or unsigned notes qualify as wills.
- The Act comes into force only when proclaimed by the Lieutenant Governor in Council, meaning there is no fixed start date.
- Applications to save a gift made to a witness or signing party must be filed within six months of probate being granted, unless a court grants an extension.
Who's Affected
- PEI residents making or updating a will
- Beneficiaries named in wills
- Separated or divorced spouses named in wills
- Members of the Canadian Armed Forces and sailors
- Lawyers and notaries who assist with wills (Law Society members)
- Courts handling estate and probate matters
Vibes
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Gotchas
- Wills made before this Act comes into force are still governed by the old Probate Act rules, but court validation powers (sections 14–16) apply to any will where the testator dies after the Act takes effect, regardless of when the will was made.
- A witness or interpreter who helped create the will, or a person who signed on behalf of the testator, cannot receive a gift under that will — but a court can override this if it is satisfied the testator genuinely intended the gift and was not unduly influenced.
- The court validation power (for non-compliant wills) gives judges significant discretion, which could lead to more legal disputes over whether informal documents like text messages or unsigned notes qualify as wills.
- The Act comes into force only when proclaimed by the Lieutenant Governor in Council, meaning there is no fixed start date.
- Applications to save a gift made to a witness or signing party must be filed within six months of probate being granted, unless a court grants an extension.
Summary
This bill replaces the wills-related sections of PEI's old Probate Act with a new, standalone Wills Act. It sets out who can make a will (anyone 18 or older), how a will must be signed and witnessed to be valid, and how wills can be changed or revoked. It also gives courts the power to recognize a will even if it doesn't meet all the formal requirements, as long as there is clear evidence it reflects what the person truly wanted. The bill also deals with what happens to gifts in a will when a beneficiary dies before the testator, when a marriage or spousal relationship ends, or when a gift can't be given for legal reasons. It includes rules about how to interpret unclear language in a will and how to handle property that was sold or given away before the testator died. A significant portion of the bill incorporates an international treaty — the Washington Convention on International Wills — giving PEI residents the ability to make wills that are recognized in other countries that have signed the same treaty. All active members of the PEI Law Society are authorized to oversee the creation of these international wills.
Automatically generated from bill text using Claude
Vibes
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