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
2 Answers from Attorneys
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
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.