Many family heirlooms, while not financially valuable, have a great deal of sentimental value. Through a will, you can ensure these heirlooms are handed down to the correct family member”
In order for a Will to be valid it must be made by a person who has attained the age of majority in his or her Province and is of sound mind. A court will refuse to grant probate where it is not satisfied that the Will is the free act of the testator, as where there is undue influence. Where a person making a Will is suffering from a mental illness, the Will may be deemed to be valid if made during a period of lucidity and not invalidated by a subsequent relapse.
For a Will to be upheld as valid it must be in writing, and in accordance with the following requirements in relation to the signature. The Will must be signed by the testator or by someone directed to do so on his behalf. Signatures may include marks, initials, a rubber stamp, a “nick-name”, or a former name. The general test in relation to the admissibility of the Will is whether the testator intended the signature to execute the Will. The Testator must sign his or her name at the foot of the Will. The law will not give effect to any dispositions made after the signature.
The testator’s signature must be made in the presence of two witnesses both present at the same time with the testator, and the witnesses will then be required to sign the Will in the presence of the testator. The witnesses do not have to be present when the testator signs the Will provided they are present when the testator acknowledges the signature.
To ensure that your will, testament and all of your other estate and advance planning documents will realize your vision of the future, Contact The Law Professionals today.