Are you thinking about writing your own will by hand? Do you have doubts about whether it is convenient to write it in your own handwriting or is it better to do it in a more formal way? If you identify with these questions, you have come to the right blog because here I will tell you whether or not it is convenient to leave your will handwritten, and I will also give you details on why it is important to take it into account for estate planning, now that you are living in Canada, far from your country of origin.
A will is an essential resource to have peace of mind in life knowing that this document can protect the interests of our loved ones, and when it comes to living abroad, as is the case for immigrant families who have recently settled in Canada, it is even more important, especially if they have already acquired assets.
There is a weak point in making decisions about writing this document, and that is that many people prefer to write it by hand because it is cheaper and involves fewer steps, besides being completely valid, but beware, there are risks and considerations associated with this form of making your will, which is known as: holograph, that you should know. Let's start by defining this type of document!
A holographic will (also ológrafo) is a document written by hand by the testator himself, without the need for witnesses or other formalities.(Note: the term holograph [or ológrafo] should not be confused with holographic [from holografía], since, according to the dictionary of the Real Academia Española, the latter refers to a photographic technique that uses laser illumination).
This document represents a quick and inexpensive solution, but has risks associated with it. At first glance, holographic wills seem an attractive option for those immigrants in Canada who prefer a quick and personalized solution when thinking about estate planning.
It is logical to want to save a little money and make the will on your own, handwritten, but these informal documents, which have also gained some popularity in this country, have to be based on Canadian law, otherwise they can be invalidated by ambiguity errors or unsaved crossings out. So you have to be very careful when making them.
Below, I share some risks and consequences of making your will by hand.
In Canada, the law is strict and each province has its own guidelines for drafting a holographic will. Consider these three risks:
In Canada, holographic wills must meet specific criteria in order to be valid. This includes being completely handwritten by the testator, with the date and signature clearly indicated, among other legal aspects. Failure to meet these requirements can lead to the will being challenged and declared invalid.
The informality of holographic wills can leave room for misinterpretation or ambiguity about the testator's intent. This can result in disputes among beneficiaries and protracted legal challenges.
If the testator writes a new holographic will without having properly destroyed the previous one, his inadvertent action could generate confusion as to which document is valid, potentially invalidating the previous dispositions.
Important: if you are thinking about the best way to start your estate planning in Canada, it is advisable to do it under the advice of a lawyer who knows Canadian law. Immiland Law can guide you. Contact us for more information.
It is important to know that you can mitigate the above risks and avoid bad consequences when drafting a will. To ensure that your wishes will be effectively carried out after your departure, consider these three (3) recommendations:
Important: remember that these formal documents are structured according to Canadian provincial laws and are less susceptible to unwanted legal conflicts.
We are a full service and specialized firm for new immigrants to Canada and we are here to accompany you at every stage of your family planning process. Remember that holographic wills can be tempting because of their apparent simplicity, but before choosing this option, it is best to discuss at home the associated risks and the alternatives available in Canada in order to make a good decision that benefits the whole family.
Now that you know the risks and consequences of leaving your will by hand, I invite you to reflect on your best decision. I hope this article will be helpful to you and your loved ones.
Remember that at Immiland Law we offer proper guidance and ensure effective estate planning to protect your future in this country. If you would like a consultation with our team, click here.
You can also learn more about legal services in Canada by visiting our official website: https://www.immilandcanada.com/law/inicio.
Thanks for reading and success in your decision, see you in the next blog!
With love,
Immiland Law
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