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Difference between revisions of "Making and Executing a Will (16:III)"
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Making and Executing a Will (16:III) (view source)
Revision as of 17:12, 25 July 2017
, 17:12, 25 July 2017→D. Executing a Will
(Created page with "{{LSLAP Manual TOC|expanded = wills}} == A. Assessing Will-maker's Competence == To make a valid will, a person must be: * 16 years of age; * Have testamentary capacity; *...") |
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== D. Executing a Will == | == D. Executing a Will == | ||
=== 1. | === 1. Presumption of Proper Execution === | ||
Inclusion of a signed attestation clause will raise a presumption that the will is properly executed (Re Gardner, [1935] OR 71 (Ont CA)). An attestation clause is a clause at the end of the will where the will-maker signs his or her name testifying to the fact that he or she is signing the approved will. This is also the place where the two witnesses must sign to show that they have witnessed the will-maker approving of the will. | Inclusion of a signed attestation clause will raise a presumption that the will is properly executed (Re Gardner, [1935] OR 71 (Ont CA)). An attestation clause is a clause at the end of the will where the will-maker signs his or her name testifying to the fact that he or she is signing the approved will. This is also the place where the two witnesses must sign to show that they have witnessed the will-maker approving of the will. | ||
