What is a holograph Will?

July 11th, 2018

A holograph Will is written completely in the deceased’s own handwriting. It may or may not be signed, dated, or witnessed. A holograph Will must be in the deceased’s own handwriting, it must clearly demonstrate their intention to bequeath their assets on death, and they must have been in sound mind when they created it.

Holograph […]

What is a codicil?

July 11th, 2018

A codicil is a document written in the same format as a Will. A codicil revises, alters, adds to, or further explains the terms of a Will that was previously executed.

Like a Will, a codicil can either be formally executed or created in holograph form (regardless of which form was used in the original Will).

Like […]

Do I need to use a lawyer to write a Will?

July 11th, 2018

Today, it is common for people to use Wills Kits to create their own formal Wills in an effort to reduce legal costs.

The danger with this practice is that if the Will is not executed properly, it may be declared invalid by the probate court who may deem that the deceased died without a Will. […]

Does the Will have to be signed?

July 11th, 2018

A Will is not valid unless at its end, it is signed by the deceased or by someone in their presence that is authorized to sign on their behalf.

The signature on the Will does not have to be a full signature; a nickname or a person’s mark may be allowed. Initials in place of a […]

How can a Will or codicil be revoked?

July 11th, 2018

The executor must be sure that the Will (and/or codicils) they are dealing with is in fact, the deceased’s last Will (and codicils) and that they have not been revoked.

A Will or codicil is revocable by:

Marriage – in some jurisdictions
A subsequent valid Will or codicil which revokes previous Wills or codicil(s)
Another written […]

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