Create DocumentA Last Will and Testament (also referred to as a “ Last Will” or simply a “ Will“) is a document created by an individual, also known as the “Grantor” or “Testator”, which is used to layout how a person’s real and personal property shall be distributed after their death. After the form is created, signed and notarized, the Will should be distributed to all the Beneficiaries stated in the Will and to the Grantor’s Attorney. No State requires the document to be registered but it may be filed with certain County Clerks, Probate Courts, and applicable Secretary of State offices.–.Two (2) Disinterested Witnesses are required to make a Will valid (.Colorado and Louisiana require Two (2) Disinterested Witnesses and a Notary Public).– Attach to a Will or for the witnesses to swear under oath that they were in the presence of the testator while they signed the Will. By State.Table of Contents.What is a Last Will and Testament?In order to avoid your property from going to the state upon your death, you need a document which details where and how your estate (houses, cars, money, internet related property etc.) will be transferred. The people who will be accepting your estate are called beneficiaries which are typically family members and charities.
A Last Will allows you to assign an executor who sees that your Last Will is executed as instructed. Additionally, a Last Will and Testament allows you to appoint a guardian for your minor children.Use a Last Will and Testament if the following apply:. You want to set up a plan as to how your estate will be handled after death.
Appoint someone to be a guardian of your children in the event of your death. You don’t want your estate transferred to or handled by your state/government upon death.How to Make a WillIn order to make a Will, an individual needs to identify the real and personal property in their estate and select who it would go to in the effect of their death. Once the form has been written the only requirement, under State law, is to have the Will signed in the presence of.two (2) witnesses that are not beneficiaries in the Will.Colorado and Louisiana require a notary public in addition to the two (2) witnesses. Identify Your AssetsBefore writing the document, make an itemized list of all valuable assets containing personal and real property.
Select which assets, unless all, should go to whom and inform the beneficiaries of your decision so that they may be able to financially prepare themselves for the transfer in the event of your death. Your assets should add up to 100% and allocate each beneficiary a percentage of your total assets. When distributing real property, give a detailed description of the property and to whom it will go.
You may request these by calling Service Ontario at 416-326-1234 or toll free at 1-800-267-8097. Forms can also be requested from the OPGT by calling 416-314-2800 or toll-free at 1-800-366-0335 or TTY: 416-314-2687. FindLegalForms' fast download Wills for Canada. All forms include a free preview. Always lawyer prepared. Wills Legal Forms. Last Wills and Testaments for all situations and circumstances. Common Law Spouse with Children (Canada) Will made by a person living with a common law spouse with children. Will - Devise of Home.
Appoint an ExecutorAn executor is a person who will divvy up your assets and deliver them to the appropriate beneficiaries upon your death. Select a trustworthy and educated executor, could be your lawyer or a close associate, that will carry out the instructions set forth in your Will. The primary job of the executor is to act in the best interests of your estate while settling debts (if any) and taking care of your funeral expenses. You can opt to appoint a secondary executor in the event your original executor is unable to carry out the tasks.If you have children under the age of 18, you need to appoint a guardian for your estate and for the care of your children. A guardian of the estate is responsible for overlooking the child’s assets/money and a guardian of the child acts as a parent and cares for their well being.
One guardian may hold both responsibilities. When selecting a guardian, filter to make sure that this person can give adequate attention to your child and that this person is not a drug abuser. Choose Your BeneficiariesYour beneficiaries are the people and/or entities that will be receiving elements of your estate. Do you plan to give your entire estate to one person or do you have an interest in dividing your estate among multiple beneficiaries? A beneficiary, for example, can be a family member or even a charity. In the event a beneficiary within your Last Will dies, you need to decide whether the interest will go to their heirs or if the interest will be divided amongst the rest of the beneficiaries. Find Two Witnesses and a NotaryYour Last Will and Testament must be finalized with your signature in order to be valid.
Each state has different requirements when it comes to witnessing requirements. Some states require two (2) signatories, whom can’t be beneficiaries to the Will and notarization.
Therefore, no matter which state you reside, it’s a good idea to find at least two (2) witnesses to view the signing of the document and make arrangements to do this in front of a notary public. Deliver and Store Your WillThe Last Will is meant to be kept in a safe place with original copies provided to the beneficiaries and legal counsel. At the option of the testator, they may register the will with the probate court in their county (if applicable).
How to Write a WillDownload:,Step 1 – In the header area, write to whom the will is for and in the first paragraph their details shall be entered as follows:. After “I”, enter the same name as in the header. City, County, and StateStep 2 – Fill-in who will represent as the personal representative (also known as the ‘executor’) of the will.
This will be the individual that will oversee the probate process and ensure that the decedent’s estate is provided to the rightful heirs. Their information should be entered with their full name and address along with any secondary personal representatives in the chance that the first (1st) is not able to act.Step 3 – Enter the beneficiaries, otherwise known as the people that will receive the testator’s personal and real property after their death.
Writing a will helps your family and friends understand your wishes in the case of your death, but simply listing your wishes on a sheet of paper is not always enough. In Canada, you must ensure that your will is legally binding, otherwise your family can easily contest it in court.
Most provinces require that you use standardized will forms. You can obtain will forms in many stationary stores, and there are also several websites that can help you write a simple legally binding will. However, writing any legal document on your own can be dangerous. To ensure your will is legal, consider consulting a lawyer.