Alberta > Wills and Estates:Are wills made on stationery store forms OK?This sort of will is valid in Alberta. These forms are readily available, are reasonably priced, and come with instructions for filling them out. They offer the advantages of privacy, since no one but you needs to know the contents. They are quickly done, and they are cheap. The disadvantage is that they are subject to the same strict conditions for witnessing as a will done by a lawyer. The Wills Act (Alberta) sets out very specific conditions for the witnessing of wills. For example, both witnesses must see you and the other witness sign the will at the same time. If all three persons are not present at the same time and do not watch each other sign the will, it may be held to be invalid. Also, a beneficiary (a person who gets something under the terms of the will) must not be a witness. If he or she is, then while the whole will will not be invalid, the gift to that person will be. For example, if you leave your estate to your wife and your wife is one of the witnesses to your will, then the gift to her will be invalid. Wills on stationery form may also run a risk of being confusing or ambiguous in their interpretation. If you decide to make your own will using a store-bought form, you should read the instructions very carefully, be sure that you understand them, and follow them exactly. If you have any doubts, you should consult a lawyer.
March 2000 |
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