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Difference between revisions of "Making and Executing a Will (16:III)"

From Clicklaw Wikibooks
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'''The execution and attestation clause should not be on a page of its own. It must follow the final clause of the will on the same page'''. This is required to prevent the insertion of additional clauses after the will is signed. Always have the will-maker sign it at the end of the will in the presence of two witnesses who do not have an interest in the estate (i.e. is not a beneficiary or executor) and are not the spouses of any individual who has an interest in the estate; there must be room for the two witnesses’ signatures (see '''Section III.D: Executing the Will and Section III.E: Attesting the Will''').
'''The execution and attestation clause should not be on a page of its own. It must follow the final clause of the will on the same page'''. This is required to prevent the insertion of additional clauses after the will is signed. Always have the will-maker sign it at the end of the will in the presence of two witnesses who do not have an interest in the estate (i.e. is not a beneficiary or executor) and are not the spouses of any individual who has an interest in the estate; there must be room for the two witnesses’ signatures (see '''Section III.D: Executing the Will and Section III.E: Attesting the Will''').
'''NOTE''': Execute only the original will. Copies should not be signed by the will-maker and witnesses, but can be photocopied or have facsimile signatures and dates inserted. Students should write or stamp the word “copy” on all photocopies.


'''SAMPLE:'''
'''SAMPLE:'''
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Signature of Witness
Signature of Witness


________________________
________________________
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________________________
________________________


Occupation
Occupation"
|  style="text-align:left;" | ________________________ <br /> [full name of will-maker]
|  style="text-align:left;" | ________________________ <br /> [full name of will-maker]
|}
|}
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</tt>
</tt>


:(2019 CLE ''Wills Personal Planning Precedents'', 22.35)
:(2020 CLEBC ''Wills Personal Planning Precedents'', 22.35)
 
*NOTE: '''Execute only the original will'''. Copies should not be signed by the will-maker and witnesses but can be photocopied or have facsimile signatures and dates inserted. Students should write or stamp the word “copy” on all photocopies.


'''Temporary Ability to Electronically Witness''. In the event that the Will was witnessed electronically (see commentary in Section D. 2.(a) below regarding electronic witnessing during a declared state of emergency), then to be valid, the attestation clause must be revised to include a statement that it was signed and witnessed in accordance with Ministerial Order No. M161.
'''NOTE: Execute only the original will'''. Copies should not be signed by the will-maker and witnesses but can be photocopied or have facsimile signatures and dates inserted. Students should write or stamp the word “copy” on all photocopies.


== D. Executing a Will ==
== D. Executing a Will ==
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