Free Last Will and Testament

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Frequently Asked Questions
Why should I have a Last Will?A Last Will enables you to:
  • Choose who will get your property after your death;
  • Choose how your property will be divided among your various beneficiaries;
  • Give specific items of property to specific people;
  • Appoint someone you trust to administer your estate; and
  • Appoint a guardian for your minor children.
If you die without a Will, your property will be distributed by a court-appointed administrator according to statutory plans for "intestate succession." Your property will be divided among your surviving spouse, children, and possibly other relatives in whatever manner the law of your jurisdiction specifies. You will not have a chance to give property to non-relatives or to exclude relatives. Additionally, if you have no relatives, your property will go to the government rather than to a friend or charity of your choice.
When should I update my old Will?You should review your Will from time to time to ensure that it still meets your needs and that your property will be distributed according to your wishes. You should consider writing a new Will on the following events:
  • You get married or divorced (a change in marital status may void your old Will);
  • You are unmarried, but have a new partner;
  • The amount of money and property you own significantly changes;
  • You move to another province/territory;
  • Your executor or a significant beneficiary in your Will dies;
  • There is a birth or adoption of a child in your family;
  • You change your mind about the provisions in your Will.
Your Last Will and TestamentUpdate Preview

LAST WILL AND TESTAMENT OF ____________________

I, ____________________, presently of ____________________, ______________, declare that this is my Last Will and Testament.


  1. PRELIMINARY DECLARATIONS
  2. Prior Wills and Codicils
  3. I revoke all prior Wills and Codicils.
  4. Marital Status
  5. I am not married or in a common law relationship.
  6. Current Children
  7. I do not have any living children.
  8. The term 'child' or 'children' as used in this my Will includes the above listed children and any children of mine that are subsequently born or legally adopted.

  9. EXECUTOR
  10. Executor
  11. The expression 'my Executor' used throughout this Will includes either the singular or plural number, or the masculine or feminine gender as appropriate wherever the fact or context so requires. The term 'executor' in this Will is synonymous with and includes the terms 'personal representative' and 'executrix'.
  12. Appointment
  13. I appoint __________ of __________, ______________ as the sole Executor of this my Will.
  14. No bond or other security of any kind will be required of any Executor appointed in this my Will.
  15. Powers of My Executor
  16. I give and appoint to my Executor the following duties and powers with respect to my estate:
    1. To pay my legally enforceable debts, funeral expenses and all expenses in connection with the administration of my estate and the trusts created by my Will as soon as convenient after my death. If any of the real property devised in my Will remains subject to a mortgage at the time of my death, then I direct that the devisee taking that mortgaged property will take the property subject to that mortgage and that the devisee will not be entitled to have the mortgage paid out or resolved from the remaining assets of the residue of my estate;
    2. To take all legal actions to have the probate of my Will completed as quickly and simply as possible, and as free as possible from any court supervision, under the laws of the Province of ;
    3. To retain, exchange, insure, repair, improve, sell or dispose of any and all personal property belonging to my estate as my Executor deems advisable without liability for loss or depreciation;
    4. To invest, manage, lease, rent, exchange, mortgage, sell, dispose of or give options without being limited as to term and to insure, repair, improve, or add to or otherwise deal with any and all real property belonging to my estate as my Executor deems advisable without liability for loss or depreciation;
    5. To purchase, maintain, convert and liquidate investments or securities, and to vote stock, or exercise any option concerning any investments or securities without liability for loss;
    6. To open or close bank accounts;
    7. To maintain, continue, dissolve, change or sell any business which is part of my estate, or to purchase any business if deemed necessary or beneficial to my estate by my Executor;
    8. To maintain, settle, abandon, sue or defend, or otherwise deal with any lawsuits against my estate;
    9. To employ any lawyer, accountant or other professional; and
    10. Except as otherwise provided in this my Will, to act as my Trustee by holding in trust the share of any minor beneficiary, and to keep such share invested, pay the income or capital or as much of either or both as my Executor considers advisable for the maintenance, education, advancement or benefit of such minor beneficiary and to pay or transfer the capital of such share or the amount remaining of that share to such beneficiary when he or she reaches the age of majority or, during the minority of such beneficiary, to pay or transfer such share to any parent or guardian of such beneficiary subject to like conditions and the receipt of any such parent or guardian discharges my Executor.
  17. The above authority and powers granted to my Executor are in addition to any powers and elective rights conferred by provincial/territorial or federal law or by other provisions of this Will and may be exercised as often as required, and without application to or approval by any court.

  18. DISPOSITION OF ESTATE
  19. Specific Bequests
  20. Distribution of Residue
  21. To receive any gift or property under this Will a beneficiary must survive me for thirty (30) days. Beneficiaries of my estate residue will receive and share all of my property and assets not specifically bequeathed or otherwise required for the payment of any debts owed, including but not limited to, expenses associated with the probate of my Will, the payment of taxes, funeral expenses or any other expense resulting from the administration of my Will. The entire estate residue is to be divided between my designated beneficiaries with the beneficiaries receiving a share of the entire estate residue.  All property given under this Will is subject to any encumbrances or liens attached to the property.
  22. I direct my Executor to distribute the residue of my estate as follows ("Share Allocations"):
    1. All of the residue of my estate to __________ of __________, ______________, for their own use absolutely.
  23. If none of my named beneficiaries survives me or does not leave an heir or issue who survives me, then I give, devise, and bequeath all of the rest, residue, and remainder of my estate, of whatever kind and character, and wherever located, according to the order of intestate succession in the Province of.

  24. GENERAL PROVISIONS
  25. Individuals Omitted From Bequests
  26. If I have omitted to leave property in this Will to one or more of my heirs as named above the failure to do so is intentional except as otherwise expressly provided in this my Will.
  27. Insufficient Estate
  28. If the value of my estate is insufficient to fulfill all of the bequests described in this Will then I give my Executor full authority to decrease each bequest by a proportionate amount.
  29. No Contest Provision
  30. If any beneficiary under this Will contests in any court any of the provisions of this Will, then each and all such persons shall not be entitled to any devises, legacies, bequests, or benefits under this Will or any codicil hereto, and such interest or share in my estate shall be disposed of as if that contesting beneficiary had not survived me.
  31. Severability
  32. If any provisions of this Will are deemed unenforceable, the remaining provisions will remain in full force and effect.

IN WITNESS WHEREOF, I have signed my name on this the 25th day of November, 2014, at __________, , declaring and publishing this instrument as my Last Will, in the presence of the undersigned witnesses, who witnessed and subscribed this Last Will at my request, and in my presence.


_____________________________
____________________ (Testator) Signature

SIGNED AND DECLARED by ____________________ on the 25th day of November, 2014 to be their Last Will, in our presence, at __________, , who at their request, in their presence and in the presence of each other, all being present at the same time, have signed our names as witnesses.


________________________
Witness #1 Signature
________________________
Witness #1 Name (Please Print)
________________________
Witness #1 Street Address
________________________
Witness #1 City, Province/Territory


________________________
Witness #2 Signature
________________________
Witness #2 Name (Please Print)
________________________
Witness #2 Street Address
________________________
Witness #2 City, Province/Territory


________________________
Witness #3 Signature
________________________
Witness #3 Name (Please Print)
________________________
Witness #3 Street Address
________________________
Witness #3 City, Province/Territory

Last Will & Testament Details

A Last Will and Testament, also known as a Will or Last Will, is a document that allows you to dictate how your assets will be divided after you pass away.

What Information is Included in a Last Will & Testament

To complete your Last Will & Testament, you will need to provide:

  • Personal information about yourself, such as your name and address.
  • Your current marital status.
  • Who you wish to name as your executor, and their address.
  • Information about all of your biological and legally adopted children.
  • Information about any assets or gifts you wish to give and the recipients or beneficiaries of them.

Parties in a Last Will & Testament

There are many different parties in a Last Will & Testament, and each has a different role.

Testator/Testatrix: A Testator or Testatrix is the person that the Will is being created for and whose property will be distributed once they are deceased.

Executor/Personal Representative: An Executor is the person who the Testator or Testatrix has designated to administer their wishes in terms of how the estate will be divided. You may have more than one executor, and you should have an alternate personal representative should anything keep your first choice from being able to carry out your estate plans.

Beneficiary: A beneficiary is someone who will receive either an aspect of, or all of your estate. You may name multiple beneficiaries and divide your assets as you see fit.

Pet Caretaker: If you have pets, a pet caretaker is someone who you would name to care for your pet upon your expiration.

When considering who should be your executor or pet caretaker, ensure that it is someone trustworthy and someone who can handle the weight of managing your affairs after you pass away. Talk to your executor and pet caretaker beforehand to ensure that they are willing to be a part of your Last Will & Testament.

When Do You Need a Last Will & Testament?

A Last Will & Testament is recommended for any individual who has assets and/or properties that they wish to distribute personally when they pass away. Contrary to popular belief, Last Wills are not only useful for seniors, but also for anyone who wishes to dictate how their assets will be divided instead of leaving it up to the court to decide.

You should create a Last Will & Testament if you:

  • Get married, have children, or separate from a spouse.
  • Have monetary assets, such as investments, savings, etc., that you wish to distribute to family or friends.
  • Own property and wish to leave it to specific beneficiaries.
  • Own a business (or shares in one) and wish to leave it to someone specific.
  • Travel frequently.
  • Have a dangerous job.

You should also update your Last Will after any major life event, including a significant increase in assets, a marriage, a child, etc.

What is the Residue of an Estate?

The residue of your estate is what is left after all of your debts, funeral expenses, taxes, and other balances have been paid. The residue of your estate is generally what you leave to your beneficiaries. In your Will, if the residue is not left to any beneficiary, it will be distributed as decided by a court.

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