5,109
edits
Difference between revisions of "Making and Executing a Will (16:III)"
Jump to navigation
Jump to search
Making and Executing a Will (16:III) (view source)
Revision as of 20:36, 10 August 2018
, 20:36, 10 August 2018no edit summary
| Line 322: | Line 322: | ||
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. | ||
If special circumstances exist, e.g. the | If special circumstances exist, e.g. the will-maker is blind or illiterate, a wills form manual should be consulted in order to draft the appropriate attestation clause. | ||
=== 2. Beneficiary's Debt to Estate === | === 2. Beneficiary's Debt to Estate === | ||
According to ''Re Johnston Estate'', 2017 BCSC 272, the rule in ''Cherry v Boultbee'' applies in Canada. This means that the beneficiary is required to bring his or her debts towards the estate into account, even if the debt claim would otherwise be statute barred by the | According to ''Re Johnston Estate'', 2017 BCSC 272, the rule in ''Cherry v Boultbee'' applies in Canada. This means that the beneficiary is required to bring his or her debts towards the estate into account, even if the debt claim would otherwise be statute barred by the ''Limitations Act''. ''Re Johnston Estate'' states that “the purpose of the rule was to prevent a beneficiary who owed money to an estate from receiving more than his or her fair share of the estate.” | ||
== E. Attesting the Will == | == E. Attesting the Will == | ||