Westside Law: Wills Estate Trust Lawyer Notary Public Vancouver BC

Learn what the law requires for a will to be signed and witnessed properly in this short article.

The law in each province requires that wills be executed (signed) by its maker according to certain strict legal formalities in order to be effective. Wills that are executed without complying with these formalities are not valid. The following are the requirements in British Columbia. Check with a lawyer to determine what the requirements are in your province.

For British Columbia:

a) Two people must act as witnesses and must sign to that effect. "Holograph" wills (i.e. wills that are unwitnessed but which are written in the handwriting of the will's maker are NOT valid in British Columbia). A witness must be an adult of sound mind. He or she should be able to speak and understand the language that is used in the will and by its maker.

b) DO NOT use any of the following as a witness:

• a beneficiary
• the spouse or children of a beneficiary
• your executor (contact a law firm for legal advice before using an executor as a witness)

c) The witnesses must know that they are witnessing the execution of a will. They do not need to read it or know the contents of it.

d) The witnesses and the person signing the will must REMAIN TOGETHER without interruption during the ENTIRE time, from beginning to end, while the will is being executed. The witnesses should watch the execution.

e) The person signing the will must normally be at least 19 years old. They must also have what is normally referred to as "testamentary capacity": this means that he or she must have an understanding of what he/she is doing (i.e. making a will and disposing of his/her property at death). They must be free from any mental disability which would negate the above. They must also have a genuine free choice in the matter (i.e. no duress or undue influence).

As an added measure of security, many law firms get the will's maker and each of the witnesses to initial each of the pages of the will when it is executed. This makes it more difficult for an unscrupulous individual who has access to the will at a later date from removing an uninitialed page and substituting a page with different provisions. While this is not required by law to make the will valid, it is a good preventative measure.