Sep 08, 2022
What if no one wants to be the executor of an estate?
Being an estate executor is a tough but necessary job. But when no one is willing to take on the role, there are a couple of alternatives available.
Download our free probate checklist. Download now
A legally valid will is one of the most important things that you can have when planning for the future, although just over half of all Canadians don’t have one! While it’s understandable that no one particularly enjoys thinking about death, a valid will ensures that your loved ones are protected after you’re gone, and that your wishes and your property will be respected and cherished. However, sometimes a situation arises where a holographic will comes into play.
Despite the name, a holographic will isn’t some advanced technological innovation that lets you beam in a will from anyplace in the world. Instead, a holographic will simply refers to a will that’s handwritten and has only been signed by the writer. No witnesses, no witness signatures, no typed and printed document.
As you can imagine, this is not an ideal scenario for a will. A proper will should be carefully reviewed, go into specific details in order to avoid any confusions or conflicts when your estate is being settled, and should be updated regularly, especially after major life events such as marriages or births.
A holographic will, on the other hand, is often written during an emergency, where there isn’t much time to gather witnesses or review all of your assets. It’s also important to note that not all Canadian provinces and territories recognize a holographic will. Ontario is one of the provinces that admits holographic wills.
Writing a holographic will is very easy. The main requirements are that the will is written entirely by you, per hand. It is also recommended that testators include that they are of sound mind and weren’t pressured to make the will, since holographic wills are easier to contest due to the lack of witnesses.
The will must be signed and dated by the testator. Anything written under the signature is not considered part of the will, and will not be admitted into a court. The inclusion of typed documents or text is also not permitted and won’t be considered valid.
Note that a handwritten will isn’t automatically a holographic will. If a will is handwritten but meets all the requirements of a traditional will—including the signatures from witnesses—then it’s not considered to be a holographic will.
If it were up to us, everyone would have a traditional, legally valid will with proper witnesses. However, life doesn’t always work that way. The only reason someone should write a holographic will is if they’re in an emergency situation, such as on their deathbed, and don’t have a traditional will nor the time to gather witnesses. Otherwise, we highly recommend everyone take the time to make a proper will and cover all of their bases.
While a traditional will is the recommended option when it comes to making a will, there are some advantages to a holographic will:
But make no mistake. The disadvantages of a holographic will are not to be overlooked:
Where in Canada are holographic wills valid?
As mentioned before, holographic wills aren’t valid in every province or territory. In Canada, holographic wills are legal in Alberta, Ontario, Manitoba, Quebec, New Brunswick, Newfoundland,and Saskatchewan. Holographic wills are not valid in British Columbia and Prince Edward Island.
Can a holographic will be revoked?
Yes, just like with any other will, a holographic will can be revoked if it’s found to be invalid or compromised. If a later will is discovered and found to be valid, a holographic will can be revoked, as can a holographic will that has been damaged or improperly made.
Use our 12-step blueprint to probate, avoid settlement delays, and settle estates sooner.Download yours for free!