# Can I write my own will



## GreenAvenue (Dec 28, 2011)

Writing your own will is probably not on your mind every day but it saves the people you leave behind a lot of trouble. I found this link about writing your own will that could be helpful.


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## iherald (Apr 18, 2009)

It depends how simple your life is. My life is simple, I have no dependents, a few asets, so doing my own will was easy. Make sure if it's typed you have it dated and signed and witnessed. If it's hand written (entirely) you can just sign it and date it.


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## Karen (Jul 24, 2010)

iherald said:


> It depends how simple your life is. My life is simple, I have no dependents, a few asets, so doing my own will was easy. Make sure if it's typed you have it dated and signed and witnessed. If it's hand written (entirely) you can just sign it and date it.


The above quote is a good example of why it can be dangerous to write your own will or to follow the advice of others about doing so. It is absolutely not true in all provinces that a handwritten, unwitnessed will is valid. My sister-in-law found herself in serious financial trouble when her common-law husband of 25 years died leaving everything to her in such a will (a holographic will). He had oriiginally come from Manitoba where holographic wills are apparently valid (or were when he lived there many years earlier), and he believed them to be in BC as well. They are not, and after a very expensive court case with his alienated children from previous relationships, she ended up with 1/6th of his estate. It was divided evenly between her, her own two young children with him, and the two adult children who lived in the US and had had nothing to do with him for over 30 years.

I believe the few hundred dollars it will cost to have a lawyer prepare your will is money well spent.


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## AMABILE (Apr 3, 2009)

Won't a holographic will be valid, as long as 
there is nobody to contest it ?


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## GoldStone (Mar 6, 2011)

Karen, while I don't disagree with you, your SIL's case was not a simple one.

Follow the link in OP's message. The article has another link at the bottom:

Can I write my own will?

Here's what constitutes a simple case:



> Will you have a very simple will?
> 
> Answer “Yes” only if all of these statements apply to you:
> 
> ...


Your SIL's case didn't meet the bolded criteria.


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## GoldStone (Mar 6, 2011)

Acceptable Forms of The Will in Canada



> Holograph Wills are valid in Ontario, Alberta, New Brunswick, Newfoundland, Quebec, Manitoba and Saskatchewan. In Nova Scotia and P.E.I the use of holograph Wills are not permitted, although the law in P.E.I. was amended to permit a “substantial compliance” provision (Sec. 70 of the Act) to allow the court to recognize a holograph document if it is signed and judged to represent the testamentary intentions of the deceased. In British Columbia holograph Wills are not allowed, but the law will uphold a valid holograph Will made outside of B.C insofar as it applies to moveable property in that province. (sec. 40 of the Wills Act)


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## the-royal-mail (Dec 11, 2009)

I can't believe it - we live in a country where people have no qualms about spending $600K+ for a house but won't even spend a couple hundred for a proper will?

That's pocket change in comparison to the legal power that gives you and your beneficiaries over your assets!

We've also discussed this before at great length. Please search.


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## Guigz (Oct 28, 2010)

@TRM Wasting money is wasting money is wasting money..... That is, if a simple hand written will is good for your situation, why would you pay extra to get no further benefits (or benefits that are of no extra value to you)? I say to each their own.

Besides, having a legally drawn will does not preclude trouble after the fact. It will only reduce the chance of it. It is still possible for your heirs to argue that you weren't sane when you had it drawn or whatever.


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## GreenAvenue (Dec 28, 2011)

Guigz said:


> Besides, having a legally drawn will does not preclude trouble after the fact. It will only reduce the chance of it. It is still possible for your heirs to argue that you weren't sane when you had it drawn or whatever.


 That is not necessarily true. It is recommended you search for legal advice when you write a will. A lawyer can give directions as to how to make your will 100% legal. I agree with Royal Mail that it will save your children or beneficiaries a lot of trouble by just writing a will.


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