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The following procedure sets out the requirements to legally sign
a Will: |
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You and two witnesses must be present in the same room at the
same time, and you must each watch one another sign the Will. |
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Neither witness should be a beneficiary or the spouse of a beneficiary
named in the Will or the gift to such person or the spouse of
such person will fail. |
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Put your initials at the right hand corner of the bottom of each
page
(except the last page where you will sign the Will on the line
above your name). |
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Each witness must then initial each page next to where you placed
your initials. |
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Insert the date where indicated on the last page of your Will,
and place your initials in the margin closest to where you inserted
the date
(the 2 witnesses should also place their initials in this location
as well, next to your initials). |
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On the last page of the Will sign with your normal signature on
the line above where it states "Name of Testator"
(sign as if you were writing a cheque). |
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On the last page of the Will, each witness should print his or
her name, address, and occupation in the spaces provided and then
sign with their normal signature on the line above where it states
"(Signature of Witness)". You and the witnesses should only
sign the original Will
(no copies). |
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In many Provinces, you will want your witnesses to sign a document
called an Affidavit of Execution (a sworn statement). This Affidavit
of the subscribing witnesses must be sworn before a Notary Public
in your Province (or an Officer authorized to administer Oaths
under the laws of your Province). This Affidavit eliminates the
need for the witnesses to later testify that they witnessed your
signing the Will. Otherwise, problems may result if the witnesses
have died or cannot be located. |