www.Yourwill.net, Write a legal will.

This web page is designed to assist you to composing a simple will. To learn about law of wills generally you should consult your nearest legal library or a lawyer for an opinion on a specific question. An excellent article on the process which explains wills and probate simply but effectively is found on the internet written by a U.S. lawyer. It is found at http://www.mtpalermo.com/httoc.htm It is of general application to common law jurisdictions as it generally describes the process of writing a will and obtaining probate.

Signing a Will

In most places two witnesses are required, with some exceptions. The rules that normally apply in common law jurisdictions (i.e. The United States, Canada, Australia, The British Empire etc.) are:

The witnesses must see you sign.

They must be adults.

They should not benefit by the will. (This may invalidate bequests to a witness)They need not be a lawyer or notary public.

If the will has more than one page you and each witness should initial each page other than the signature page so it no page can be altered. If there are any large spaces or gaps you should draw a diagonal line through the gap and you and the witnesses should initial the change. Additions later to a will are normally ignored by the courts as invalid unless the change is properly witnessed..

Exceptions

In some places wills that are hand written by the deceased are accepted without being witnessed if the handwriting is proved by someone who knew the deceased. This does not apply to wills written using this program as it does not apply where any part is typed. A hand written will is called a holograph will. They are only accepted in some places.

While in active military service members are permitted to sign wills without witnesses by many jurisdictions. Except in exceptional circumstances the best practice is always to get two witnesses.

A sample provision of the requirements for signing a will taken from the British Columbia Statutes is reproduced below, as is a sample taken from Wyoming statutes. These are fairly typical of the provisions that exist throughout Canada (except Quebec), the United States (except Louisiana) the United Kingdom, and most other common law jurisdictions. If you live where the legal system is based upon the French civil law system you should not use this page. If you are uncertain you may look at the statute governing wills where you live. While the rules may be less stringent in some places we have not found any place which originally took the common law of England that would not accept a will witnessed by two independent adults.

Excerpts from the Wills Act for British Columbia

Property disposable by will

2 A person may by will devise, bequeath or dispose of all property, whether acquired before or after making the will, to which at the time of the person's death he or she is entitled either at law or in equity, including one or more of the following:

(a) estates pur autre vie, whether there is or is not a special occupant, and whether they are corporeal or incorporeal hereditaments;

(b) contingent, executory or other future interest in property, whether the testator is or is not ascertained as the person or one of the persons in whom those interests may become vested and whether the person is entitled to them under the instrument by which they were created or under a disposition of them by deed or will;

Writing required

3 A will is valid only if it is in writing. Signatures required on formal will.

4 Subject to section 5, a will is not valid unless

(a) at its end it is signed by the testator or signed in the testator's name by some other person in the testator's presence and by the testator's direction,

(b) the testator makes or acknowledges the signature in the presence of 2 or more attesting witnesses present at the same time, and

Military forces and mariners

5 (1) A member of the Canadian Forces while placed on active service under the National Defence Act, or member of the naval, land or air force of any member of the British Commonwealth of Nations or any ally of Canada while on active service, or a mariner or seaman at sea or in the course of a voyage may, regardless of his or her age, dispose of his or her real and personal estate by will in writing, signed by the testator at its end or by some other person in the presence of and by the direction of the testator.

(2) If the will is signed by the testator, there is no necessity for the presence, attestation or subscription of any witness.

(3) If the will is signed by another person, the signature of that other person must be attested by the signature of at least one person, who must attest in the presence of the testator and of that other person.

Place of signature

6 (1) A will is deemed to be signed at its end if the signature of the testator, made either by the testator or the person signing for the testator, is placed at or after or following or under or beside or opposite to the end of the will so that it is apparent on the face of the will that the testator intended to give effect by the signature to the writing signed as his or her will.

(2) A will is not rendered invalid in any of the following circumstances:

(a) the signature does not follow immediately the end of the will;

(b) a blank space intervenes between the concluding words of the will and the signature;

(c) the signature is placed among the words of a testimonium clause or of an attestation clause or follows or is after or under an attestation clause either with or without a blank space intervening, or follows or is after or under or beside the name of a subscribing witness;

(d) the signature is on a side or page or other portion of the paper or papers containing the will on which no disposing part of the will is written above the signature;

(e) there appears to be sufficient space to contain the signature on or at the bottom of the side or page or other portion of the same paper on which the will is written and preceding that on which the signature appears.

(3) The generality of subsection (1) is not restricted by the enumeration of circumstances set out in subsection (2), but a signature in conformity with section 4 or 5 or this section does not give effect to a disposition or direction that is underneath the signature or that follows the signature or to a disposition or direction inserted after the signature was made.

Wills of persons under 19 years of age

7 (1) A will made by a person who is under 19 years of age is not valid unless at the time of making the will the person

(a) is or has been married, or

(b) is a person described in section 5.

(2) For the purposes of section 5 and of this section, a certificate that purports to be signed by or on behalf of an officer who has custody of the records of the force in which a person was serving at the time the will was made and that sets out that the person was at that time a member of a naval, military or air force of a named country is sufficient proof of that fact.

(3) A person who has made a will to which subsection (1) applies may, while under 19 years of age, revoke the will.

United States Provisions

Wyoming was selected for a random sampling of state laws. The provisions below are excerpts from the Wyoming statutes governing execution of wills. It appears to be similar to the provisions in most places, except Louisiana, where the civil law system is in place.

2-6-112. Will to be in writing; number and competency of witnesses; signature of testator; subscribing witness not to benefit; exception.

Except as provided in the next section [ 2-6-113], all wills to be valid shall be in writing, or typewritten, witnessed by two

(2) competent witnesses and signed by the testator or by some person in his presence and by his express direction. If the witnesses are competent at the time of attesting the execution of the will, their subsequent incompetency shall not prevent the probate and allowance of the will. No subscribing witness to any will can derive any benefit therefrom unless there are two (2) disinterested and competent witnesses to the same, but if without a will the witness would be entitled to any portion of the testator's estate, the witness may still receive the portion to the extent and value of the amount devised.

Excluding Close Relatives or Separated Spouses If this is contemplated by you consult a lawyer. Do not attempt to write your own will. The rules and decisions vary from place to place but it is common for the courts to order the variation of a will to provide for a child deliberately excluded or a separated spouse.. It is very risky to exclude children or spouses so do not write such a will without proper legal advice. The program provides an opportunity for those who insist to explain why they are doing so. If you refuse to get legal advice and insist on leaving out someone you should explain your decision in detail. At least that will give a court and your relatives some chance to evaluate your decision. Failing to give any explanation will make the situation somewhat unpredictable and litigation may result between your heirs.