Specific Requirements in Ontario
The requirements for a valid will vary from province to province. In Ontario, the criteria for a will to be considered valid include:
The testator, or person writing the will, must be doing so for themselves, be of sound mind, and be of legal age, which in Ontario is 18 years old.
The will must be signed in the presence of two valid witnesses.
The chosen witnesses must sign the document alongside the testator.
If the will is made and stored online, it must also be signed and stored as a physical document.
In all provinces except British Columbia where it’s not required, an affidavit of execution also helps the estate settlement process. The affidavit of execution is an easy-to-create document that’s stored with the will and is used to validate the signatures made by the witnesses who oversaw the signing of the will. It verifies the identity of the testator, that they were of sound mind, and signing under no duress when the will was signed.
In Ontario, where witness signatures are mandatory for a will to be recognized, the affidavit of execution is stored with the will to ensure that the witness signatures and will are both seen as valid, especially if the will goes through the probate process.
While the affidavit of execution does not become mandatory unless the will undergoes the probate process, having the affidavit notarized helps contribute to a streamlined probate process. It also gives the liquidator one less task to worry about completing, since when this document is lacking, the liquidator would need to locate the chosen witnesses, or at least prove they’ve made an effort to do so.
The same logic applies if you notarize your holographic will. Having the will reviewed by a legal professional may be optional, but it is still guaranteed to help prevent any overlooked legal details. Notarizing both the will and the affidavit of execution at the same time is the easiest way to way to ensure a simplified probate process.
Notarial Wills in Quebec
In Quebec, notarial wills are a kind of will that is used much more frequently. This is because they’re exempt from the probate process, having already been reviewed by a notary or other legal professional.
This exemption streamlines the estate settlement process, allowing families one less matter to concern themselves with during an already difficult time. Notarial wills aren’t necessarily more legally binding than ones that aren’t, but they are still easier to prove if it becomes necessary.
Despite the higher initial cost, drafting a notarial will save families time, money, and effort, assuring their maintained popularity.