Legal Question in Wills and Trusts in Canada

legal will and testament

hi hi - a question:

1. what constitutes a ''legal'' will? can a ''legal'' will be something i write on a piece of paper and sign or does it need to have a witness signature??

does this differ in provinces (i'm curious about both ontario and calgary, canada as well as in washington, u.s.a

thanx - kerry


Asked on 12/03/04, 4:27 pm

2 Answers from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: legal will and testament

Every State has requirements regarding sufficiency of a will, and they are not always the same. I have no doubt Canada has it's own ideas too. I can only provide some thoughts regarding what Washington will recognize.

Here, a will can certainly be a handwritten document - that can be valid. The handwritten will, like a word processed document, or any other statement of testamentary intent must be witnessed by two people - and those two people cannpt be beneficiaries of the will they are witnessing. The self- attesting affiavit should provide the witnesses names, addresses and phone numbers of the witnesses and in WA, ALL three signatures should be notarized.

I would expect a informal will - one written in handwriting by the testator with the necessary witness signatures and the notarization of all three to hold up against a challenge.

If this answers your questions, great - if not, post again or call me. Powell

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Answered on 12/03/04, 7:09 pm
Caroline Suissa-Edmiston Law Office of Caroline R. Suissa-Edmiston

Re: legal will and testament

I can only reply regarding Washington as I am not licensed to practice in Canada. In Washington you need to have two witnesses to your will, and they should sign a witness affidavit as well as a signature page at the end of your will. The affidavit of witness needs to be signed by a notary public to certify it.

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Answered on 12/04/04, 12:02 am


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