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| To register your will, you need to file a Wills Notice with the Wills Registry. This is a form that says you’ve prepared a will and where it’s kept. You don’t provide a copy of the will to the Wills Registry, just the Wills Notice. | | To register your will, you need to file a Wills Notice with the Wills Registry. This is a form that says you’ve prepared a will and where it’s kept. You don’t provide a copy of the will to the Wills Registry, just the Wills Notice. |
| * The will must be '''in writing'''. It can be typed or handwritten.
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| * The will must be '''signed at its end by the will-maker'''. As the will-maker, you must sign the will or acknowledge the signature as yours in front of '''two witnesses''' present at the same time. If you are unable to sign the will because of illness or disability, you can ask someone to sign it for you in front of you, and in front of the two witnesses.
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| * The two witnesses '''must sign the will in front of you'''. You and the witnesses should initial each page of the will in front of each other.
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| * The will must have the '''date''' included on it.
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| === Who can make a will? ===
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| To make a will, you must:
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| * be age 16 or over,
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| * be mentally capable of managing your own affairs, and
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| * freely agree with the contents of the will at the time you make it; in other words, if it is proven in court that someone has pressured you to make a will that doesn’t represent your intentions, the will is not valid.
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| In considering whether a person is mentally capable to make a will, key factors are:
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| * Do they understand the nature of a will?
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| * Do they understand the extent of their property?
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| * Do they appreciate the claims to which they ought to give effect? Put another way, if someone is being excluded from the will who would inherit a portion of the estate if there was no will, does the will-maker appreciate the effect of their decision? For example, if they leave their child out of the will, does the will-maker appreciate the effect of that decision?
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| === Who can be a witness to your will? ===
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| Your two witnesses must:
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| * be age 19 or over, and
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| * be mentally capable.
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| It used to be that a person who witnessed a will could not also receive a gift under the will. But now, a witness may be able to inherit under a will. The witness has to apply to court and show that you '''intended''' to make the gift even though the person was a witness to the will. If the court isn’t satisfied, the gift to the witness is void. Either way, the remainder of the will is not affected.
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| Ultimately, it remains good practice for your witnesses not to be people - or the spouses of people - who are named as executors, alternate executors, or beneficiaries under the will.
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| The witnesses do not need to read the will. All they need to do is watch you sign your name to the will, and sign the will themselves in front of you.
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| == Elements of a will == | | == Elements of a will == |
