Rianni Sonns recently died after a brief illness and is survived by her two children, Daysha and Dominic. Rianni was very close with her daughter, Daysha, but had not had a relationship with her son in over ten years. Rianni and Dominic had a big falling-out in 2007 and they never spoke again. Last month, Daysha and Dominic went to see Rianni's lawyer about their mother's estate and were advised that Rianni had executed a formal will in 2004 directing that her estate be divided equally between Daysha and Dominic. While going through her mother's personal belongings a few days later, Daysha found a one-page document, written entirely in her mother's handwriting, leaving her entire estate to Daysha only. There was no mention of Dominic in this document. The document was dated June 15, 2012, and was signed by Rianni at the end, but was not witnessed. Daysha's friend told her that if this document qualifies as a valid holograph will or testamentary instrument, it will revoke the formal will Rianni executed in 2004. In other words, its terms will supersede those contained in the earlier will. Dominic says that the only valid will is the one his mother executed in 2004. Dominic believes that the document Daysha found was written in anger and is not a true statement of his mother's final intentions regarding her estate. You are researching the law to determine whether or not Rianni's handwritten document qualifies as a valid holograph will and, if so, whether or not it revoked Rianni's 2004 formal will. Your answer should be in a letter format addressed to your managing partner (boss) explaining the chances of success for the challenger and proponent of the handwritten document. Your answer must include answers to the following questions: 

1. State the name and citation of the relevant statute and provide the text of all the applicable provision(s). 

2. Provide the name and citation of a relevant appeal court case. Make sure you find the highest-level court decision of the legal principle you refer to. Show each step of your search in an Appendix using the correct Boolean search terms at each step (i.e. show your work and 'print screen' each step along the way) 

3. Summarize the ratio or legal principle in the case. You may quote relevant passages from the case. 

4. Apply the law to the fact situation provided and discuss the likely outcome for Dominic should he decide to pursue a claim against his mother's estate about the validity of the handwritten document Daysha found. Summarize what you have concluded based on your analysis and application of the relevant law to the facts provided. Be sure to include discussion of any counter-argument. 

5. Provide your opinion supported by peer-reviewed article(s) and case law as to how best to determine a testator's intention. Does that opinion change depending on whether or not the will is a holographic versus traditional will?

Answer rating: 100% (QA)

1 Relevant Statute The Wills Act RSO 1990 c W 10 Applicable Provision Section 51 of the Wills Act states No will is valid unless it is in writing and signed by the testator or by some other person in ... View the full answer