Guidelines for Acceptable Wills in Canada

by M-Gillies

A holograph will is a will completely written in the testator's handwriting and does not require the signatures of witnesses.

In Canada, the acceptable rules of wills vary from province to province, however all provinces recognize the conventional form of a will.

In order to be classified as a conventional will or English Law Will, the law must be recognized by all provinces. This means in Ontario, the will has to meet the requirements of the Succession Law Reform Act; in Quebec, the Civic Code of Quebec; and in all other provinces, the provincial Wills Act.

To further meet the requirements of a Conventional Will, the following must apply:

* The will must be in writing;

* The testator must be mentally capable and cannot be a minor;

* The will must be signed at the end by the testator;

* The will must be signed by two witnesses, present at the same time, who attest that the document is the will of the testator and bears his or her signature; and

* The witnesses of the will must be of legal age and cannot be beneficiaries of the will or spouse of the testator.

Read more:

Acceptable Forms of The Will in Canada

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