Judge finds no valid signature and cites suspicious circumstances in estate dispute
A Superior Court decision has invalidated the purported will of a wealthy Six Nations businessman, leaving his $83 million estate to be distributed as if he died intestate. The Ontario Superior Court of Justice issued its ruling in Bayliss v. Burnham, 2025 ONSC 5376.
Court Scrutinizes Will’s Validity and Signature
Kenneth Ryan Hill, a self-made millionaire and member of the Mohawk Nation, died in January 2021. Following his death, a typewritten, unwitnessed document dated September 10, 2020, surfaced as his purported will. The document named his son, Ryan Edward Dalton Burnham, as executor and left Hill’s interest in Grand River Enterprises—worth about $38 million—to Burnham, while making bequests of $5 million to each of his children other than Maeghan Martin, Joshua Hill, and Brody Hill-Beaver. No bequest was made to Maeghan Martin or Joshua Hill, and a bequest of $3 million was made to Brody Hill-Beaver.
The children challenged the will’s validity, arguing that Mr. Hill did not sign the document and did not know and approve of its contents. The court examined whether the will met the requirements under the Indian Act, the Succession Law Reform Act (SLRA), or otherwise at common law. Under the Indian Act, the requirements for a valid will are that it be in writing, signed by the testator, and indicate the testator’s wishes regarding the disposition of property on death.
The purported will did not contain Mr. Hill’s original or “wet-ink” signature. Forensic experts testified that the document was a non-original produced by a laser printer, and that the signature’s authenticity could not be definitively established. One expert stated, “the evidence falls far short of that necessary to support a definite conclusion” that Mr. Hill wrote the questioned signature. Another expert concluded that, given only a copy was available, she could not rule out that someone else had traced Mr. Hill’s signature onto the document.
Suspicious Circumstances and Lack of Approval
The court also considered whether there were suspicious circumstances surrounding the will’s execution. There was no evidence as to who drafted or typed the will, when and where it was created and signed, or how Mr. Hill’s signature appeared on it. None of Mr. Hill’s personal devices contained any relevant documents or communications about the will. The judge found that “there are suspicious circumstances surrounding the execution of the Purported Will.”
Ultimately, the court concluded that the respondent failed to establish that Mr. Hill signed the will or knew and approved of its contents. As a result, the will was not accepted under the Indian Act or at common law, and the estate will be distributed as if Mr. Hill died without a will.
