legal will in ontario?

[destillat]

are 2 witnesses required to sign to make it binding?
if it is only signed by me, is it not valid?

 

[Perry Mason]

Yes, two witnesses are required... UNLESS your will is totally -- 100% -- in your own handwriting and signed by you.

Perry

 

[Damondean]

Does a TERB post count as a will? )

 

[destillat]

so if i handwrite it and sign it, i don't need witnesses?

Yes, two witnesses are required... UNLESS your will is totally -- 100% -- in your own handwriting and signed by you.

Perry

 

[The Bandit]

so if i handwrite it and sign it, i don't need witnesses?

My parents just got new one's tonight...you need 2 witnesses "other" than family members....so it can be the lawyer and 1 other person.

 

[toolioiep]

My parents just got new one's tonight...you need 2 witnesses "other" than family members....so it can be the lawyer and 1 other person.

Not true - Ontario allows for "holograph" wills - which as a previous poster alluded too - is a will entirely hand written and signed by an individual. It does not require any witnesses.

The problem with the holograph will is that 1) it rarely is properly worded (i.e. does not contain a revocation clause or accurately disperse items) and 2) it is easily contested.

In short - it is a vaild will, but certainly not the wisest means of dispersing an estate.

 

[Cassini]

In short - it is a vaild will, but certainly not the wisest means of dispersing an estate.

It is good in an emergency, and can effectively prevents the government from taking control of all your assets and keeping them.

However, if you have any real time and planning, a proper will is much better.

 

[toguy5252]

A holograph will is perfectly legal in Ontario and does not require witnesses. If it is not entirely in your own hand the 2 witnesses are required. They can be family members but not beneficiaries and must both be present at the same time as the will is signed by the maker. You are better off speaking to a lawyer. Unless you have a very complicated estate plan will are relatively inexpensive and most lawyers treat them as loss leaders. better spending a few dollars and insuring that you have a legally enforceable will.

 

[jgd]

Do it right

see a lawyer and get it done right. Why try to cheap out on the distribution of a lifetime of assets? A will likely costs less than you spend in 6 months for your cable.

 

[Moraff]

Are you trying to avoid needing witnesses because you don't want the contents of your will known in advance?

If so, I don't believe the witnesses read the will before signing.... all they are doing is attesting that it is you that signed it. At least the couple times I've done the witnessing I've never read the thing.

 

[Aardvark154]

Perry, Toolioiep, Cassini and Jgd have posted everything you need to know. There is no reason for me to post anything else.