During the crisis revolving COVID-19, it is understandable that some may turn their minds to the importance of having a will. We have written this short article with the goal of minimizing legal language, to allow those who are in emergency situations to be able to make a will.
While regular wills are drafted by lawyers and they require formalities such as witnesses, proper language, and affidavit of execution, there is another option for Ontario: handwritten wills (the proper terminology in accordance with the Succession Law Reform Act is holograph will). We hope that the following instructions are useful and, should you have any questions, you may book a phone consultation to obtain legal advice or you may have a new formal and proper will, once it becomes safe to do so.
In order for the holograph will to be valid, it should:
The following is an example with the minimum necessary provisions:
This is the last Will and testament of me, Roxana Soica, of the City of Innisfil, province of Ontario.
1. I revoke any previous wills.
2. I appoint Bianca Elise to be the executor and trustee of this my will.
3. I direct that the residue of my estate be divided equally among Bianca Elise and Kylie Soica.
4. My trustee shall have power to sell, call in and convert into money all of my estate, both real and personal, of every nature and kind and wheresoever situate.
Dated this 22nd day of March, 2020, at Innisfil, Ontario.
**The above is prepared by Soica Law Professional Corporation and is not intended as legal advice.