Government of Ontario Laws Relating to Last Will & Testament
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The Government of Ontario passed the Succession Law Reform Act in 1990. This legislation governs both wills and estates in Ontario, Canada. The Act set forth rules regarding the format necessary for a will to be valid, what is to be done with the property of a person who dies without having left a will, the rights that the spouse of the deceased has to jointly-owned property and items and support for dependents of the deceased (see References 1). The most important regulations, however, are those relating to the validity of the will itself, which include writing, legal competence, witnesses and signature. Other requirements vary from case to case and should be discussed with a lawyer or verified with a thorough reading of the Succession Law Reform Act. A will that is done improperly can be contested after the death of the Testator or Testatrix (terms for the male or female who writes and signs their Last Will and Testament) and the wishes of the deceased may not be honored (see References 2). For details or specifics beyond the validity of a will, see the Succession Law Reform Act (Resources 1). - According to the Succession Law Reform Act, in order for a will to be considered valid in Ontario, it must be in writing (See References 1). A spoken will or discussion of wishes in the case of death are not valid or enforceable agreements.
- A will must be written by a legally-competent person. According to the Government of Ontario, the definition of a "legally competent person" in this case is one that is 18 years old or older and is mentally capable of preparing a will (see References 1). A person under the age of 18 will be considered legally competent if he or she is married or is a member of the Canadian Armed Forces (See References 2).
- In order for the will to be valid, it must be signed by the Testator or Testatrix before two witnesses who are physically present for the signing (see References 1). The witnesses must verify in writing that this was done, most often noted in an affidavit attached to the will (see References 2). It is not necessary for witnesses to see or read the contents of the Last Will and Testament; it is only required for them to witness its signing. Neither witness or their spouse can be a beneficiary, nor is an Estate Trustee considered a competent witness (see References 1).
- The signature of the Testator or Testatrix must appear at the end of the will following all text (see References 1). This verifies that all aforementioned details are agreed upon and are the wishes of the Testator/Testatrix.