If it were up to us, everyone would have a traditional, legally valid will with ordinary witnesses. However, life doesn`t always work that way. The only reason someone should write a holograph will is if they are in an emergency situation, such as on their deathbed, and do not have a traditional will or time to gather witnesses. Otherwise, we recommend that everyone take the time to make a proper will and cover all the foundations. In Ontario, a will must comply with the Succession Law Reform Act (LRRA) to be valid. This means that a unique advantage of writing a holograph will is that no witnesses are needed. Unlike a formal will, you don`t need to have witnesses sign your legal document. You may need legal help to get a formal will, but a holograph will is written exclusively by the testator. It can be as concise as a single sentence. For example, Ontario does not require holograph wills to include a formality. This means that there are no details to consider. In addition, section 15 of the Succession Reform Act (also at the end of this section) states that wills may be revoked in certain circumstances by marriage or by another will, such as a holograph will.
In Ontario, the Succession Law Reform Act dictates how your estate will be distributed if you die without a will. This is typically the order of distribution: holographic wills are quite common. They have arisen in emergency situations, such as when a testator is trapped and close to death – for example, a miner trapped underground and threatened with death. Your will must be signed in wet ink and kept as a physical copy (only the original copy of your will is valid and cannot be digitally signed at this time). Your witnesses must sign the last page of your will with you. Keep in mind that the absence of a will (the intestate) can lead the government to get what you have left. Writing a holograph will is very simple. The main requirements are that the will be entirely written by you, by hand. It is also recommended that testators state that they are of sound mind and have not been pressured to make the will, as holograph wills are easier to challenge due to the lack of witnesses. This may also be an appropriate option if you have no other options and are not able to sign in front of witnesses.
Unlike a formal will, it can be prepared quickly in case of emergency. For example, in a famous example of a holograph will in Saskatchewan, a man was crushed by his tractor and scratched his last will on the side of his tractor with a pocket knife. The courts have found the will to be a valid holograph will. You don`t need a lawyer or notary to make a will in Ontario! There are several ways to make a legal will, depending on what suits your individual living situation. Here are some common ways to make a will in Ontario, including using an online will platform, using a DIY will kit or visiting a lawyer. For a will to be valid, the will must state that it is your final will. You will also need to provide your full name and address. To avoid a potentially stressful and costly estate settlement, it is advisable to have a formal will completed by a lawyer. Holograph wills may seem like a quick and inexpensive option, but the reality is that they can be time-consuming, cause family conflict, and result in expensive legal fees. While there are upfront costs associated with obtaining a formal will, the benefits far outweigh the potential costs of proving and maintaining a holograph will. Contact Stewart Este today to help you with all aspects of your estate plan, including a formal will. If Uncle Ted Martin had sent a Christmas card saying he would leave his condominium to Martin and signed it, it could be a holograph will.
Although some questions may arise regarding the date of Ted`s signing. Martin would have to prove that the wording on the Christmas card was Ted`s handwriting. Holographic wills must not contain printed forms and must be 100% handwritten. Ontario Requires Holographic Wills: A legally valid will is one of the most important things you can have when planning for the future, even if just over half of Canadians don`t have one! While it`s understandable that no one particularly likes to think about death, a valid will ensures that your loved ones are protected after your death and that your wishes and property are respected and valued.