What are the rules that apply to making a will?

All provinces and territories have laws that set out the rules for making a will. Be sure you know what is required in the area where you live. Here are examples of some of the rules that might apply:

• A will must be in writing to be valid.
• Generally, a will must be signed at the end by the testator in the presence of two witnesses. Then the two witnesses must each sign in the presence of the testator.
• It is possible to make a valid will without witnesses if the will is made entirely in your own handwriting. This is called a holograph will. It is generally not advisable to rely upon making a holograph will (except in extreme circumstances), because of the likelihood that other requirements to make the will valid will not be present.
• A person must be over 18 years of age to make a valid will unless he or she has been married, or is a certain member of the Canadian Forces, or is a mariner or seaman.
• A person (and his or her spouse) who is receiving a gift under a will cannot witness the will.
• An executor can witness the will unless he or she is a spouse of a beneficiary.
• Marriage revokes a will unless the will specifically says that it is made in contemplation of the marriage.
• Divorce does not invalidate a will.

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January 2006

see also:

• More Abuse of Older Adults FAQs

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