Legal Question in Wills and Trusts in Canada

will produced not signed

My grandfather died recently and 2 of his grandchildren had him change his will before he died. The will that they produced was not signed. The original will which my father and my aunt have is signed. Can you tell me which will is legal? The only difference in wills is that the executors were changed from my dad and aunt to these 2 grandchildren. They say they can not find the signed one now. How long do they have to produce that signed will before my dad and aunt can use the signed will they have? Thank you.


Asked on 10/31/06, 5:14 pm

1 Answer from Attorneys
Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: will produced not signed

All Wills legislation in Canada requires that the will be signed by some signature or mark that is identifiable to the maker ( testator). A document which purports to be a will which has no signature or identifiable mark (such as initials or a signature mark known to be that of the testator) is void and of no legal force and effect

This means that the paper produced to you means nothing( except an attempt to deceive you and defraud you). The prior executed will is the valid document absent any later will which has been properly signed.

In addition, there must be witnesses ( defined by the legislation of the place) who are independent of the testator AND who are both present at the same time and who saw the testator sign the document and who, in the presence ot the tesator, also signed the document. A witness can be related and this will validate the will but then that witness (depending on the will and the relationship) cannot take any share of the estate.

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Answered on 10/31/06, 8:25 pm


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