Three of the most famous wills in Canadian history involve a tractor, a McDonald’s napkin, and a birthing contest.
As of 2021, according to LegalWills, 55% of Canadians aged 65 and older do not have an up-to-date will in place, and the numbers are even worse for younger age groups. COVID-19 has shown us that we need to prepare for the unexpected, and although the pandemic did initiate an increase in will writing, the numbers are still meager.
For most people creating a will does not feel like a priority, or it may seem complicated, expensive, and boring. But for us, a will can be captivating, providing an glimpse into a life well lived and a legacy left behind. And there are plenty of Canadian wills that are as fascinating as the people who signed them.
The Great Stork Derby
An established lawyer named Charles Vance Millar died in 1926, leaving behind an estate worth a pretty penny. Charles was a notorious practical joker throughout his life, and he carried that quality right through to his will. He gifted shares in a beer company to Protestant ministers and jockey club stocks to a group of anti-horse-racing advocates. He also gave his Jamaican property to three lawyers who despised each other with the contingency they lived in the home together indefinitely.
Charles’ main claim to fame stemmed from a controversial clause in his will that left the remainder of his fortune to the woman in Toronto who gave birth to the most children in the decade following his death. Charles’ family, along with the Ontario Attorney General, challenged the validity of the will, but the Supreme Court of Canada ultimately upheld it. The ‘contest’ became known as The Great Stork Derby and made headlines across the globe. Four women received the equivalent in today’s dollars of $2 million, each having nine children in ten years!
Takeaway Point: If you don’t have family or heirs to bequeath your estate to, you can provide for a charity, friends, or causes close to your heart. You can pass on a specific item, amount of money, or percentage of your estate. It is an excellent way to make a lasting, positive impact when you are gone.
The Tractor Will
In 1948, Cecil George Harris, a Saskatchewan farmer, found himself trapped underneath his tractor. Certain that he was on his death bed, he carved a ‘will’ into the fender of his tractor with a pocketknife. It read, “In case I die in this mess I leave all to the wife. Cecil George Harris.” He remained trapped for ten hours and ultimately passed away in the hospital the following day.
Neighbors later found the statement on the tractor. The fender was removed and determined by the courts to be a valid handwritten will. The tractor fender is now at the University of Saskatchewan College of Law.
Takeaway Point: An entirely handwritten will with your signature on it can be just as valid as a comprehensive will prepared by a lawyer. But a thorough estate plan prepared by legal professionals that addresses your assets, appoints guardians for children, and declares an executor is a much better alternative.
A McDonald’s Napkin
One day between 2006 – 2015, a Saskatoon man was enjoying his lunch in a local McDonald’s restaurant. While he was eating, he thought he was experiencing a heart attack, and his instinct pushed him to scribble down a will onto a paper-thin napkin quickly. The statement read, “Split my property evenly, Dad Phillip Langan.”
Phillip ended up walking out of the McDonalds but elected to pass the napkin onto his daughter anyway. He passed away in 2015, and his daughter produced the napkin. Phillip had seven children, and one of them challenged the will’s validity in court, but in 2020 a judge upheld it. It was found that since the napkin was given to his daughter, testamentary intention was present.
Takeaway Point: In cases where wills are questioned or challenged, a judge will always look for testamentary intention. Regardless of what form your will takes, ensure you are clear with your wishes and provide sufficient detail.
Is Your Estate Plan in Order?
These three unique wills have achieved fame and a place in Canadian history. Although we don’t recommend resorting to these types of approaches, we hope these stories have sparked thoughts about your own will (or lack thereof).
If you require assistance with your estate plan, connect with the professionals at Guardian Estate Company. We specialize in matching our clients with premium estate solutions that meet their unique needs.
The above is for informational purposes only. It is not intended to be legal or financial advice. We accept no liability for any losses arising from use of the above information. We recommend you speak to your lawyer to obtain specific advice or guidance regarding your unique situation.