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REQUIREMENTS
 
Legal Will Requirements

You must be of sound mind. This means that you must:

  • Be at least 18 years old or legal age for the state or province you are living in or an emancipated minor.
  • Know what a will is.
  • Know that you are making a will.
  • Understand the relationship between yourself and the people who care for you (i.e. immediate family members, including spouse and family).
  • Expressly state that this document is your will.
  • Sign and date the will.
  • Signed ("attested") by at least two or three witnesses:

The number of required witnesses depends on province or state law. It is recommended the witnesses not be related to you.

Must have on substantive provision that:

  • Appoints a guardian for any minor children
  • Lists who inherits specific items.
  • States what happens to remaining property not specifically mentioned in the will.

Must appoint an executor:

  • Responsible for supervising the distribution of property.
  • Makes sure that all your debts and taxes are paid.

It is suggested that:

  • If you had previous wills, instructions should be provided as to where they may be located as this will is the only one in force.

Requirements for a Trust:

  • Valid declaration of trust form.
  • Sign over the required deeds for property such as homes and automobiles that will be included in the trust.
   
 
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