Does a document that was executed without the knowledge of the beneficiary be binding?
Alberta, Canada
The following excerpt is from MacLeod v. Montgomery Estate, 1979 ABCA 339 (CanLII):
At common law upon a document being executed if the intention was that it should take effect immediately then the mere fact that it had not been passed into the possession of the beneficiary does not render it any less binding: Xenos v. Wickham, (1866) L.R. 2 H.L. 296.
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