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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