Alberta Courts Uphold Testator’s Handwritten Wish to Dispose of her Assets against Family’s Expectations or Concerns
- Jennifer M. Miller
- 2 days ago
- 3 min read
When Is a Will Valid?
In the recent Alberta decision, Ripley Estate v Ripley, 2026 ABKB 210 (CanLII), the Court confirms that even a will made in a hospital, under serious medical circumstances, shortly before death that is a drastic departure from previous wills can be valid—provided the legal requirements are met.
The Dispute
In this case, one son sought to uphold his mother’s final will, while another challenged it on three key grounds:
The will was not properly signed
The mother lacked capacity due to illness
The will was the result of undue influence
The stakes were significant. The new Will dramatically changed how the estate was divided—most notably, leaving the family farm to one son instead of distributing it more equally among the children and excluding an estranged daughter from inheritance.
What Happened?
The deceased made her will in hospital shortly before undergoing emergency surgery. A lawyer attended the hospital, met with her privately, took instructions, and prepared a handwritten will that was signed in the presence of two healthcare workers.
She passed away just days later.
The Court’s Decision
The Court ultimately upheld the will as valid.
1. Proper Execution
Despite expert evidence alleging the signature was not genuine, the Court accepted the evidence of:
the drafting lawyer, and
an independent witness, being the nurse at the hospital who had been caring for the deceased prior to her passing.
Both confirmed the will was signed properly.
The take away from this case is that direct witness evidence can outweigh expert challenges to authenticity. Handwriting that has looks different from the deceased’s normal handwriting is not clear evidence of forgery.
2. Testamentary Capacity
Although the deceased was seriously ill, the Court found she:
understood the nature of making a will
knew the extent of her assets
appreciated the impact of her decisions
The drafting lawyer’s evidence was especially persuasive and is generally considered the best evidence of the testator’s capacity at the time she or he signed the Will.
Whether someone has capacity is a finding of fact based on the available evidence. Experts may be able to provide some guidance on how to review medical records, but their report may not be conclusive as to whether a person would have had capacity based on medical treatments or diagnosis.
This case confirms the common law principle that capacity is a legal test—not a medical diagnosis. Even very ill individuals can still have capacity.
3. No Undue Influence
The challenging son argued his brother exerted pressure over their mother.
The Court disagreed.
While there were strained family dynamics and some suspicious circumstances, there was no evidence of coercion—which is required to prove undue influence.
The fact that a beneficiary lives or had a close relationship with the testator prior to death does not always evidence that there is undue influence. There needs to be clear evidence that the wishes written in the Will were the wishes of another and not that of the testator.
Unequal or “unfair” distributions do not equal undue influence.
Key Lessons from the Case
This decision reinforces several important principles in estate litigation:
Wills made in urgent or hospital settings can be valid if formalities are followed
Independent legal advice is critical—courts place significant weight on the drafting lawyer’s evidence
Suspicion alone is not enough—clear evidence is required to invalidate a will
Testators are free to divide their estate as they wish, even if it leads to family conflict
Final Thoughts
The Court acknowledged that the outcome felt unfair to the challenging son. However, the law prioritizes the testator’s intentions—not what beneficiaries might expect.
For families, this case is a reminder of the importance of:
clear estate planning
documenting intentions
addressing potential disputes between family members early
letting family members know of your intentions prior to passing so that a Will does not become a surprise after they pass.
If you have a question about a Will or the administration of an Estate, please contact our office at info@stokeslaw.ca or 587-433-4623.
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