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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 22:27, 9 August 2021
, 22:27, 9 August 2021→e) Gift to Spouse
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To ensure that property passes according to the will-maker’s intention, a 30-day survivorship clause should be added, which requires the surviving spouse to survive the will-maker by 30 days (or such period as the will-maker wishes). A sample clause when the deceased spouse leaves the residue to the surviving spouse is: | To ensure that property passes according to the will-maker’s intention, a 30-day survivorship clause should be added, which requires the surviving spouse to survive the will-maker by 30 days (or such period as the will-maker wishes). A sample clause when the deceased spouse leaves the residue to the surviving spouse is: | ||
* SAMPLE: “(a) to give the residue of my estate to [residue name], if [they] are alive on the date that is 30 days after the date of my death; | * '''SAMPLE:''' “(a) to give the residue of my estate to [residue name], if [they] are alive on the date that is 30 days after the date of my death; | ||
“(b) if [residue name] is not alive on the date that is 30 days after the date of my death, [specify what to do with residue].” ( | “(b) if [residue name] is not alive on the date that is 30 days after the date of my death, [specify what to do with residue].” (2020 CLEBC ''Wills and Personal Planning Precedents'', 15.4) | ||
If the will-maker is not giving a residue but the entire estate, the appropriate words would be “to give all my assets, both real and personal, of whatsoever kind and wheresoever situate, to…” | If the will-maker is not giving a residue but the entire estate, the appropriate words would be “to give all my assets, both real and personal, of whatsoever kind and wheresoever situate, to…” | ||
Because of the presumption that a reference in a will to a relationship is presumed to refer to those that are legally married, a '''“common-law spouse” should not be referred to as “my husband” or “my wife” but should be identified by name, such as, “my partner, [name]”'''. | Because of the presumption that a reference in a will to a relationship is presumed to refer to those that are legally married, a '''“common-law spouse” should not be referred to as “my husband” or “my wife” but should be identified by name, such as, “my partner, [name]”'''. | ||
==== f) Gift to Children ==== | ==== f) Gift to Children ==== | ||
