Articles & Resources
Wills And Estates Series – Can Anyone Make One?
Last year, accused Canadian killer Bryer Schmegelsky tried to do a videotaped Will shortly before his death). This was considered invalid because it didn’t meet the requirement of a Will in Ontario.
Whether you use a lawyer or not, for a Will to be valid, THREE requirements must be met:
- A Will must be written and signed.
- It can be a handwritten Will called a "holograph" Will so long as it is totally handwritten in your own handwriting, and it is dated and signed at the end.
- If any of it is typed, then must be signed in front of two witnesses, and the witnesses must also sign. All three (you and your two witnesses) must be together when signing. The two witnesses cannot be someone named in your Will. It is also a good idea for you and the two witnesses to put your initials in the bottom right-hand corner of each of the pages of the Will, except the last page where the signatures are. They will also need to sign a sworn statement, called an affidavit, that confirms that you signed the Will in front of them.
- The Testator (person making the Will) must be 18 years of age or older, or if under 18 you must be married, - or contemplating marriage (but the Will is not valid until the marriage takes place)
- The Testator must be mentally competent to make a Will, which means they can understand the purpose and effects of making a Will.