Understanding the Validity of Wills in Ontario, Canada
Grief and sadness are natural and expected feelings that people go through when losing someone. But at the same time, it’s a must to realize that your loved ones always have your best interest when they pass. You may likely seek the same and minimize the burden on your family and friends. If you’re wondering how to do this, writing a will is a good place to start.
A will is a legal document that lets you decide ahead of time where your money, property, and other belongings will go after your death. They give you the opportunity to make sure that your assets are protected as your wishes are carried out in the way that you have stated them.
Many elements need to be taken into consideration when making sure that a will is legally valid in Ontario. And while you may brush it off, the will’s validity is the main element that determines whether that document is legal and can be carried out or not.
There are two main types of wills in Ontario, which are important to understand and ensure that your will is valid. Continue reading to find out more.
What Is a Holographic Will?
The term “holographic” describes wills completely handwritten by the person signing them. They can be very effective in providing the person with the protection and executions you seek after death. However, holographic wills require some extra review and validation.
Experts need to ensure that the will’s language is specific and does not contradict any Ontario laws. The contents of a holographic will may need to go through a complicated verification process, so consult a wills lawyer to validate your handwritten wishes beforehand.
What Is a Typewritten Will?
While holographic wills require more review, this is not the case with typewritten wills. Typewritten wills are written by a typewriter or computer, and they can be just as effective in protecting your assets as holographic will as long as your signature is present on the paper.
It’s important to note that the contents of a typewritten will are easier to verify. After your death, this type of will can easily be recognized and understood without any additional review. Just make sure to follow a strict format set by the law, which a wills lawyer can assist you with.
What Would Make Holographic or Typewritten Wills Invalid?
It’s very unlikely that a holographic will be accepted in court if a dispute arises or if there’s a problem in the verification process that will prevent you from doing so. As for typewritten wills, they may be considered invalid due to handwritten changes on them. If the changes were made prior to signing, they might be accepted.
Why Is an Affidavit of Execution Needed?
An affidavit of execution confirms that the document is authentic, lawful, and has been executed in accordance with the Ontario laws. The absence of one suggests otherwise, so coordinate with a wills lawyer who can assist you with preparing your will and validating it. Signing would also be done with witnesses in front of a notary or commissioner.
Conclusion
It’s important to seek out professional assistance in validating your will to make sure it’s done right in accordance with Ontario law. That way, you can protect and help your loved ones even if you’re no longer there.
Looking for an Ottawa will lawyer for your will validity inquiries? Ontario Wills & Estate Plans offers quality legal advice in Ontario, Canada. Get in touch with us today!
