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Is A Handwritten Will Legal in Canada?

When many Canadians think of wills, they often have the impression that wills are complicated and convoluted legal documents requiring the help of a lawyer to draft.

But this is in fact not true as a will is simply a set of instructions you leave behind for when you eventually pass away. Read more here about what happens when you pass away without a will.

Where are holographic wills legal in Canada?

As well, many don’t know this but there are in fact many ways to create a valid will. One such way is a handwritten will, which is also known as a holographic will. Holographic wills are legal in most provinces and territories in Canada, including: Alberta, Manitoba, New Brunswick, Newfoundland & Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Quebec, Saskatchewan, and the Yukon.

The only Canadian jurisdictions where holographic wills are not recognized are British Columbia and Prince Edward Island. In Prince Edward Island, the law only mentions holographic wills for Canadian Forces members or mariners/seamen at sea. In British Columbia, while not explicitly recognized, courts do have broad discretion to recognize wills that are normally invalid (i.e. a holographic will).

What are the characteristics of a holographic will?

A holographic will can only be considered a holographic will if:

  1. It is in your handwriting;
  2. It is signed by you at the end of the will; and
  3. It is completely handwritten. This means that no part of the will can be written with the assistance of mechanical processes (i.e. computer). For example, printed kits with fill in the blanks will not be considered a valid holographic will.

What is the difference between holographic wills and traditional wills?

There are two main differences between holographic wills and traditional wills. First, traditional wills are not handwritten. Second, holographic wills do not require any witnesses for it to be valid whereas traditional wills require the signature of two witnesses.

What should be included in a holographic will?

Holographic wills should include the same information you typically include in any traditional will. This can include your full name and confirmation this is your last will and testament. Other relevant information can include who you would like to choose to be your executor(s), beneficiaries, and guardian for your children.

Is a holographic will right for you?

Holographic wills are usually for last-minute, hasty, or emergency situations. The most famous example of a holographic will in Canada is the will of Cecil George Harris. In 1948, while fatally pinned under his farm tractor, he used his pocketknife to etch into the tractor fender the following words “In case I die in this mess, I leave all to the wife. Cecil Geo Harris”. After he passed away, the courts went on to recognize what Cecil wrote as a valid holographic will. To this day, the tractor fender and pocketknife are on display at the College of Law Library at the University of Saskatchewan.

We describe Cecil’s will as an example because holographic wills may not be the best option for you. While convenient and easy, you will remember that holographic wills do not have witnesses and are often last-minute. On one hand, this means that courts may scrutinize your holographic will more closely. They will want to make sure you were the one who wrote it. They will want to make sure you weren’t unduly pressured by anyone to write it They will want to make sure that you had the mental capacity to write it. On the other hand, your will may face issues for not being descriptive enough or for having contradictions that weren’t properly considered.

Think you need a lawyer to assist you with preparing a will? Consider using our free Legal Referral Service to talk to a wills and estates lawyer near you.

DISCLAIMER: articles posted in this blog are for informational purposes only. It may not be up-to-date, is not intended to serve as a comprehensive treatment of the topic, and may not be accurate. It shall not be construed as legal advice. No solicitor-client relationship is established from accessing this website and/or webpage. Nothing replaces retaining a qualified, competent lawyer or other legal professional, well versed in this area of the law to provide you legal advice.

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