A will is a legal document that allows individuals to express their wishes regarding the distribution of their assets after their death. In Canada, the proper preparation of a will involves complying with certain specific requirements to ensure its validity and smooth execution.
In this Immiland Law blog, I have compiled the details of each step necessary to draft an effective will and designed for you and your family a complete guide with practical examples and useful tips that I am sure will help you in this important process. Let's get started.
The first essential requirement for making a will in Canada is to have the legal capacity to do so. This implies being of legal age and of sound mind at the time of drafting the document.
The will should clearly reflect your wishes regarding the distribution of your assets. It should be drafted voluntarily, without outside pressure, and express your intentions regarding who your beneficiaries will be and how you wish your assets to be distributed.
Practical example: suppose a person wishes to leave a portion of his or her estate to a close friend or charity, well, he or she should be sure to include those specific details in his or her will.
Important: If you have doubts about your legal capacity, it is advisable to consult a lawyer for specific guidance. At Immiland, we offer legal accompaniment within Canada. Learn more.
In Canada, a will must be written and signed by the testator (the person making the will) in the presence of two adult witnesses who are not beneficiaries of the will. This requirement ensures the authenticity of the document and the validity of your testamentary dispositions.
Helpful Hint: It is important to choose witnesses who are completely impartial and willing to confirm the authenticity of your signature and will.
The will should include clear and specific provisions regarding the distribution of your assets. This may include identification of each beneficiary, a detailed description of the assets you wish to bequeath, and any special conditions you wish to establish.
Practical example: if you have real estate or specific financial investments, you should be sure to detail how you want them to be handled after your death.
If you have drafted previous wills, the new will must include an explicit revocation clause, stating that all previous provisions are annulled and superseded by the new document.
Helpful Hint: It is important to periodically review your will to ensure that it continues to reflect your current wishes and circumstances. At Immiland, we recommend that you update it after significant changes in your life, such as marriages, divorces, births or major acquisitions.
Important: if you have doubts about the choice of witnesses for your will, it is advisable to consult a specialist lawyer. Immiland Canada can advise you. Learn about probate services.
We are a full-service, specialized firm for new immigrants to Canada and we are here to accompany you at every stage of your family planning process.
Finally, I encourage you to properly prepare your will so that you can ensure that your wishes are respected after your death and so that your loved ones have peace of mind.
At Immiland Law, we are committed to you and your family and have a team of attorneys available to help you understand these requirements and draft a will that meets your expectations and effectively protects your estate.
Don't miss our next blog as I will be explaining how to choose your executor and other important considerations for complete estate planning.
Stay informed and protect your legacy with us!
For a consultation, you can write to info@immilandcanada.com or schedule an appointment.
With love,
Immiland
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