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ESTATE LAW - Frequently Asked Questions

What about handwriting my Will or using a standard Will form from a store?

A Will that is entirely in your own handwriting is called a holographic Will and is valid as long as it is completely in your own handwriting, signed and dated at the end. There is no need for witnesses. A holographic Will may be a short‑term solution if there is not enough time to do a proper Will.

However, you should be aware that such a Will could create problems. If the Will must be submitted to Court for probate after your death, a sworn statement from someone such as your Bank Manager is necessary to prove that the writing and signature are actually yours. Often, a holographic Will does not address many of the issues which have been discussed above with sometimes serious consequences.

The standard Will forms sold in stationary stores can create problems and provide a false sense of security. For example, a Will form which is partly pre‑printed and not witnessed is not a valid holographic Will. Although there may be handwritten portions, any pre-printed parts will be ignored by the Court. In addition, such Will forms rarely provide enough information to address each person's particular situation.

The result can be expensive legal bills paid by your estate should your heirs be forced to ask a Court to determine exactly what you wanted done with your estate.

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This information is a brief summary for information purposes only and is applicable only in the Province of Ontario. It is not intended to be legal advice. Full and complete legal advice can only be given by a lawyer who has detailed information about your individual circumstances.