Wednesday, September 29, 2010

Wills - Ontario

In Ontario you can either do a conventional will or holographic will

Conventional Wills:
Also known as the English Law Will.  It is the most common form of Will and is recognized by all the provinces (in Ontario under the Succession Law Reform Act).

The following requirements apply to the Conventional Will:
  • It must be signed by the testator (i.e. person who makes the will) in the presence of two witnesses. Witnesses cannot be the beneficiaries or spouses of the beneficiaries
  • The testator must be mentally capable and cannot be a minor,
Holograph Wills:
A holograph Will is a handwritten will. The entire Will must be in the handwriting of the testator and signed by the testator. No witness is necessary. A typed Will with testator’s signature is not accepted as a legal holograph Will.

Holograph Wills are valid in Ontario. It is not recommended as it may create legal complications. But it is useful in emergency situation.

Interesting example of a holographic will:
On June 8, 1948 in Saskatchewan, Canada, a farmer named Cecil George Harris who had become trapped under his own tractor carved a will into the tractor's fender. It read "In case I die in this mess I leave all to the wife. Cecil Geo. Harris" The fender was probated and stood as his will. The fender is currently on display at the University of Saskatchewan College of Law law library

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Anonymous said...

This is actually very interesting...Since having my son a year and a half ago I have only recently begun realizing I need something to secure his future if something were to happen to me and I thought about my will and what my options were. I was unaware that is was actually an option to write something out (the holograph will) I currently cant afford a lawyer to have a will done up all properly but It makes me comfortable to know that in a pinch I can just write something up in case for the meantime. Good info to know!

P.S I am an SC'er responded in hopes of winning the contest :) My SC screen name is kristentrevelyan

Anonymous said...

I had never heard of a holographic will...sounds very scientific!!

Thanks for the information and you've reminded me that we have a change in our family circumstances so we need to update our wills!!

baggypants (from SC)

Anonymous said...

the holographic will is very interesting. Never heard of it before. Im learning lots about wills in the last while, and wonder how easy something like that would be to contest, if you write that out under duress.
SC screen name..Miztia

Accountant said...

Miztia- Holographic will has some risks and that is why usually used in emergency situation. In my experience I have seen few of these.

Annabelle said...

I found your blog to be very informative and concise ! Usually any kind of financial information just kind of leaves me looking like a deer in headlights, but I really appreciated the way your advice was written. As per all the other comments, it has reminded me that my husband and I should definitely get cracking on completing and notarizing our wills; thanks again for the useful information !

Sc screen name: annabelle88