Check Your Own Will

will checklist Nov 27, 2018

Many time clients come to our office with wills that are old. They are unsure if their will needs to be updated, even though their will maybe 44 years old (yes this did happen). Here are some basic things that you should be checking for when looking over your old will or if you are reviewing a will to determine if you should be the executor of a will:

 

Item

Yes

No – Contact An Estate Lawyer if

The Will is the original.

 

If the Will is a photocopy

The Will is the most recent one.

 

The Will is stale dated, and beneficiaries know there is a more recent Will

All pages appear to be present.

 

If pages are missing

The Will is signed by the deceased.

 

If the Will is not signed by the deceased

The Will is dated.

 

If it does not show the date, the Will was signed by the deceased

The Will is witnessed by two people.

 

 If the will does not have two witnesses, it may be void. 

One or both witnesses are also beneficiaries in the Will.

 

The witnesses cannot be beneficiaries or the Executor

The deceased married/ divorced after the date of the Will.

 

Divorced = void Will

The Executor is named

 

If the Executor is deceased or refuses the position

There is a co-executor.

 

 If there is no co-executor, then the executor of your deceased executor could end up being the one to act.

There are handwritten changes to the Will.

 

Any handwritten changes may make the Will void

There is an Affidavit of Witness to Will attached, and it is signed, dated, and commissioned.

 

This is referred to as an NC8 form.If there is no NC8 form, contact the lawyer who wrote your will

The back of the Will is stamped as “Exhibit A.”

 

Are you sure this is the original will?

The Will was signed in Alberta.

 

 If it was signed outside Alberta, you might want to ask your lawyer about getting an NC8 prepared

There is a Residue clause.

 

 Where is your stuff to go if you die?

The Will states how much you will be paid to be the Executor.

 

If it does not state how much the Executor will be paid, contact an Estate Lawyer before accepting the role.

 

 

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