WRITING YOUR OWN WILL IS REFERRED TO AS A HOLOGRAPH WILL
Contrary to popular belief, an Ontario Will may be valid even if there are no witnesses to the Will.
If a Will is made entirely in the handwriting of the testator (person making the Will) and signed by that person, no witnesses are required to sign the Will. Such a Will is called a Holograph Will.
In order to qualify as a Holograph Will literally all of the Will must be in the testator’s handwriting. It is not enough to take a pre-printed form and hand write in information in the various blanks.
To minimize the risk of a Will being found invalid it is prudent to have any Will signed in front of two witnesses, both of whom must be present at the same time. Witnesses to a Will should not be a beneficiary or a spouse of a beneficiary and they must be over the age of 18.
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Feel free to contact us at any point for assistance or advice with respect to Estate Law, Estate Planning, Estate Administration or Estate Litigation. We may be reached at 705-435-4339 / 1-877-85LEGAL (1-877-855-3425) or contact us via email.
