Ontario Barrister and Solicitor Practice Exam

The authority to change a will lies solely with the person making the will, known as the testator. This is because a will is a personal declaration of intent regarding the distribution of one’s estate after death, and only the testator possesses the legal capacity to make alterations to this document.

The testator can change their will as long as they are of sound mind and follow the required formalities, which may include writing the changes and ensuring proper witnessing, depending on the jurisdiction’s laws. A lawyer may provide assistance and guidance in making changes, but they do not have unilateral authority to change the will without the testator’s explicit consent and direction.

Family members, despite their interest in the estate, do not have the legal right to alter a will. Similarly, the court can only intervene in situations where the validity of a will is challenged or if an estate is being administered, but it does not hold the power to make changes to a will at will.

In summary, the correct answer is grounded in the principle that the power to amend a will rests exclusively with the testator, reflecting their rights to control the disposition of their estate.