What are the Requirements to Write a Valid Will?

If you are thinking about writing a will, here are the formal requirements:

  • To make a valid will, you must be 16 years of age or older and mentally capable of doing so. You should know what property you have, who you wish to give the property to in your will, and how the property should be distributed among your beneficiaries.
  • The will must be made in writing, signed and dated at the end by the will-maker in the presence of at least 2 witnesses at the same time.
  • Your witnesses must be 19 years of age or older and not a beneficiary under the will. If a witness is a beneficiary, your gift to them may be void.

In addition to the formal requirements, you should include the following in your will:

  • You should designate an executor who will be responsible for carrying out your wishes.
  • Your will should contain clear provisions describing whom your property should be distributed to.
  • If you have minor children, you may appoint a guardian for your children in your will and consider creating a trust for your minor children’s financial needs.
  • Finally, you should include funeral and burial arrangements.

If you require assistance in drafting your Will or an Estate Plan (read more here) or have any questions regarding the same, please contact M.J. O’Nions Lawyers & Mediators by email or telephone at 604-449-7779 and we would be happy to assist.