# Should a handwritten Will be witnessed?



## alingva (Aug 17, 2013)

a simple question: should a handwrititen will to be witnessed?


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## marina628 (Dec 14, 2010)

definitely and by two or more neutral parties.


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## alingva (Aug 17, 2013)

i think so too, but she has a different opinion
http://gailvazoxlade.com/blog/archives/5353


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## marina628 (Dec 14, 2010)

Obviously going to a lawyer is the best decision ,you never know what will come up.Currently my brother's ex-wife is trying to lay claim on a life policy he left my parents ,14 years ago it was suppose to be left for his daughter but when she turned 18 he was free to change it which he did.She turned 18 and he changed it to our parents , he died 2 months 10 days after her 18th birthday.Thank god the lawyer is handling it for us and my brother had every situation covered.


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## fraser (May 15, 2010)

It is important to understand the legislation in your province. In some provinces a will can be successfully challenged. Some provisions of a will can be declared void if they appear to violate Provincial statutes...unless those provisions/exclusions are carefully worded. BC and Quebec are two of these provinces and there are probably a few more.


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## AMABILE (Apr 3, 2009)

holographic wills are not witnessed.


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## alingva (Aug 17, 2013)

AMABILE said:


> holographic wills are not witnessed.


 are you sure??? in every province?


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## MoneyGal (Apr 24, 2009)

I think there is some misreading of the kinds of wills that may be recognized as valid in Canada. 

There are, generally speaking, three kinds of potentially-valid wills in Canada:

1. a formal will - not in handwriting, witnessed by two people, typically prepared by a lawyer (although this is not a requirement)

2. a notary will - only in Quebec; a will prepared by a notary and signed by the notary and typically one witness

3. a holographic ("handwritten") will, which is simply a will made in your own handwriting. There is no requirement for witnesses. The most famous Canadian example is the last will and testament carved into a tractor bumper by a dying farmer; the bumper is on display at the U of Sask law school: http://words.usask.ca/archived_ocn/09-jan-23/see_what_we_found.php

The essence of a holographic will is that it is handwritten and *does not require* witnesses. However, the presence of signatures by witnesses does not automatically render a will invalid. I don't think the advice that was linked to is valid.


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## Karen (Jul 24, 2010)

As my former sister-in-law learned the hard way, holographic wills are definitely not recognized in British Columbia. Her common-law-husband of 25 years died leaving everything to her (they had two under-age children and he had two adult children by his ex-wife). He came from Manitoba where apparently holographic wills are valid and he assumed they were valid here as well. I accompanied her to an estate lawyer and heard him explain that his holographic will meant absolutely nothing in BC and that he had, in effect, died intestate. After a long and expensive legal battle, she ended up with 1/5 of the estate, his two adult children received 1/5 each, and her two underage daughters also received 1/5 each, which was administered by the public trustee until they were of legal age.


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## alingva (Aug 17, 2013)

Karen said:


> As my former sister-in-law learned the hard way, holographic wills are definitely not recognized in British Columbia. Her common-law-husband of 25 years died leaving everything to her (they had two under-age children and he had two adult children by his ex-wife). He came from Manitoba where apparently holographic wills are valid and he assumed they were valid here as well. I accompanied her to an estate lawyer and heard him explain that his holographic will meant absolutely nothing in BC and that he had, in effect, died intestate. After a long and expensive legal battle, she ended up with 1/5 of the estate, his two adult children received 1/5 each, and her two underage daughters also received 1/5 each, which was administered by the public trustee until they were of legal age.


i am not a lawyer but it is really strange. i am not arguing with you about your sister's situation, just saying that hand written will has to have some meaning. strange to hear that


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## fraser (May 15, 2010)

No surprise to me whatsoever. We were told the same thing when we lived in BC. My mother had an up to date will. It allowed me to handle the BC probate process rather than paying what would have been a 5-7K minimum for the lawyer to handle it. 

This prompted us to have our wills done here in Alberta a few years ago. We purchased a will kit in order to understand the process prior to engaging a lawyer. Wills are contested on a regular basis in Alberta.....including some that have been prepared in a careless manner by lawyers. 

If you have what you consider to be a substantial estate or you anticipate issues my advice would be not to assume anything nor take advice from folks as fact. Do some research on your own and then decide what is best for you.

We took the approach that we needed a will. We owed it to the executor of our estate to have it done properly so as to avoid costly legal issues once we were deceased. We viewed it as a small investment with significant returns for our estate.


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## SpIcEz (Jan 8, 2013)

Apparently on March 31st 2014 in BC, courts will have much more leeway in accepting Holographic wills.

The new "Wills, Estates and Succession Act" will come into force.
http://www.ag.gov.bc.ca/legislation/wills-estates-succession-act/index.htm


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## marina628 (Dec 14, 2010)

It cost about $300 for a individual will and $500 for a couple , not sure why people don't just go to a lawyer and get it done.


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## OhGreatGuru (May 24, 2009)

A holographic will may not be required to be witnessed (if they are permitted at all in your jurisdiction) But it is still wiser to have it witnessed. Otherwise it is more readily open to challenge, notwithstanding the classic case referred to by MoneyGal.

Also, in this day and age, do you really want to handwrite all the clauses in a typical will?


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## coptzr (Jan 18, 2013)

I would be more concerned about fraudulent or even older versions being submitted by someone or greedy challenges to exact details rather than lot distribution - whether an ex or distant family member. Have seen some poorly administered financials in the past. I would strongly suggest a well detailed version professionally created by a lawyer. Every 5 years or so do a quick review, it only takes 1/2hr. The expense over a lifetime in like .1%


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