Friends were caught in a fierce prairie blizzard a long way from home several years ago.One of the things they realized as they awaited rescue was that they did not have a will, and they had small children who were dependent on them.
Our friends made short hand-written wills in their cold car, and if they had not been rescued, those emergency wills would have been valid.
In Saskatchewan, section eight of The Wills Act, 1996, states: “A holograph will, wholly in the handwriting of the testator and signed by him or her, may be made without any further formality or any requirement as to the presence of or attestation or signature by a witness.”
Read Also
Producer profits remain under significant pressure
Manitoba farmers are facing down a double hit of high input costs, like fertilizer, and low grain prices as they harvest their next crop.
This type of will needs to be in the testator’s own handwriting and signed only by the testator.
The most famous holograph will in Saskatchewan involves Cecil George Harris, who became trapped by his tractor in 1948. When he realized that he might not survive, he used his small knife to carve a will in the fender of his tractor. He died after being rescued but the fender was later tendered in court as his will and was deemed valid.
I refer to holograph wills as emergency wills, because the assistance of a lawyer can help you determine the best process for passing on your assets to the people that you wish to benefit, and identifying potential income tax concerns, family property issues and other matters that non-lawyers might overlook in estate planning.
The preparation of a will is something many people put off, but it is an important step in providing for dependents, other family members and charities or organizations. The process is normally straightforward and affordable at a lawyer’s office.
Many people ask about the validity of will kits. It is important to know that the law regarding wills and the formalities in their signing varies from place to place, even within Canada. Other laws such as family property legislation and providing for dependents can be different from province to province.
You should consult a lawyer in the province in which you live to get the best advice in planning your estate.
If you are ever in the situation where you find yourself writing a holograph will, name your executor, the person you would want to handle the business of settling your estate, the people or organizations you want to benefit under your will, and make sure to sign and date it. And most important of all, name a guardian for your children.
