A holograph will is a handwritten will made and signed by you, the testator, without the help of mechanical procedures. One of the most famous (and extreme) examples of a holographic will is that of Cecil George Harris, a Saskatchewan farmer who, trapped under his tractor and close to death, carved the following words into his bumper: A handwritten will or holograph will is considered legal in many provinces of Canada. The only requirement for the court to accept a handwritten will is that the testator writes and signs the will with his own hand. There should be enough evidence to prove that the testator wrote his own will and not someone else. This can be done using other documents that may contain its handwriting. Yes, a holograph will is legal and valid in Canada. However, some provinces, including British Columbia and Prince Edward Island, do not recognize holographic wills. It depends on your situation! Holographic wills are a great option for people who don`t have access to other resources or can`t sign in front of witnesses. However, this may not be the best solution for you. Here are the general requirements for a legal will in British Columbia: Other wishes you should consider including in a holograph will are: There is no need to hire a lawyer to make a legal will in British Columbia.
However, many people can benefit from the legal advice of a lawyer. You can consult a lawyer if you want to include customs clauses in your will or if you have a complex estate. A lawyer is also able to provide legal advice. While there is now the possibility that testamentary wishes engraved in the wing of a tractor represent a will, the best way to ensure that your wishes after your death are respected is to create an appropriate will that meets WESA`s formal requirements. An application to store a will under section 58 requires a procedure in which the judge evaluates the external evidence to try to determine your testamentary intentions. A lawsuit delays the administration of your estate and can significantly deplete your assets, as the legal fees of all parties involved in the dispute are usually paid from the estate`s funds. Obtaining the expertise of a lawyer allows you to meet the requirements of the legislation and avoid the unnecessary and significant costs of litigation. In addition, a lawyer can help you minimize taxes and fees and make sure you leave as much wealth as possible to your loved ones. Don`t be like Mrs. Hadley and leave what happens to your property random.
In British Columbia, holographic wills are not recognized and documents that do not meet the technical requirements for the enforcement of wills cannot have legal effect. However, when the New Testament, Probate and Estate Act (“NOAA”) comes into force, the courts will have an extremely wide margin of appreciation to address deficiencies in the proper execution of a will. WESA allows the court to order that any “record, document, writing or marking on a will or document” be as effective as a valid will if the court is satisfied that it represents the testamentary intentions of the deceased. This language can validate not only holographic wills in the traditional sense, but also electronic documents, emails, and handwritten modifications to an Old Testament. It remains to be seen to what extent this discretion will be exercised by the courts of British Columbia and how the jurisprudence in this case will compare to that of jurisdictions that already recognize holographic wills. In a previous article, I analyzed the decision in the Hadley Estate (Re) case, a case where an ink in a newspaper did not take effect as a valid will. Follow the link for a discussion on “testamentary formalities” and more on the validity of handwritten wills. You do not have to consult a lawyer to make a legal will in British Columbia. However, you must meet certain conditions for your document to be legally binding.
Fortunately, making a will doesn`t have to be complicated. With online platforms like Willful, you can make a legal will in less than 20 minutes from the comfort of your own home. They could be a good option if you have a legal background and know how to formulate/formulate your will without contradicting yourself. The provinces that consider handwritten wills legal are Alberta, Ontario, Manitoba, Quebec, New Brunswick, Newfoundland and Saskatchewan. Holograph wills are not recognized in the province of British Columbia. However, if the will was made outside of British Columbia and the property in question is located in British Columbia, the will may be confirmed by the court. The wing is now on display at the University of Saskatchewan Law College and is the most famous Canadian example of what is known as a holographic will. A holograph will is a will that is written entirely in the hand of the will.
