What makes a Will valid in Canada?

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A.J. Bhatt

Understanding

Those who are unfamilar with wills and who have never had one often typically wonder:

  • If I want a will, how am I supposed to get it prepared?
  • Is a lawyer required?
  • Is there an age requirement? Is there a property requirement?
  • How do I make it "final"? Do I just sign it?
  • Where do I sign it? Do I have to sign it at a special location?
  • Do I need to sign it on just one page or on every page?
  • Whom do I sign it with?
  • Do I need witnesses? Who is allowed to be a witness?
  • Does it need to be stamped or sealed?

Basis

The law regarding wills in Canada is set at the provincial level, with each province having its own wills statute.

These statutes are broadly uniform with only rather minor differences in strictness.

Series

We have published articles by province that directly examine the sections of a given province's will statute that give answers to these questions and the overall question of what makes a valid will there.

The series follows a standardized, duplicative format that first takes an in-depth look at all of the details, however trivial, for interest's sake, and then finishes off with a streamlined, essential summary and a bottom line list of actionable steps for having a valid will.

Provinces

We cover the larger provinces in Canada. In time we will complete the maritime and the northern territories.

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