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Financial Planning -> Wills and Estates -> Sample willWill SampleThis is an example of a will which names either one or two alternate Executors in case the intended Executor is unwilling or unable to do the job of carrying out the will. This sample will leaves everything to one beneficiary, but allows for two alternate beneficiaries should the original intended beneficiary predecease the person writing the will. It also provides instructions in case the alternate beneficiaries also predecease the writer of the will. The person making the will is called the TESTATOR. Tip: Laws vary by province, and it is always advisable to have your will reviewed by a notary or lawyer to ensure it conforms with current legislation. In the sample will below, all underlined and bracketed items should be replaced with the appropriate information. THIS IS THE LAST WILL AND TESTAMENT of me, [NAME], [OCCUPATION], of [STREET ADDRESS], in the City of _____________, in the Province of _______________________. I HEREBY REVOKE all former Wills and other Testamentary dispositions by me at any time heretofore made and DECLARE this to be and contain my Last Will and Testament. I NOMINATE, CONSTITUTE AND APPOINT my [RELATIONSHIP TO EXECUTOR – HUSBAND/WIFE/COMMON-LAW SPOUSE, FRIEND, ETC.], [EXECUTOR NAME], of [STREET ADDRESS], in the City of [CITY, PROVINCE], to be the sole Executor and Trustee of this my Last Will and Testament, and I herein after refer to [him/her] as my 'Trustee'. IN THE EVENT that [EXECUTOR NAME] shall be unable or unwilling for any reason whatsoever to act or continue acting as my Executor and Trustee, I then appoint my [RELATIONSHIP TO EXECUTOR – SON/DAUGHTER, FRIEND, ETC.], [EXECUTOR NAME], of [STREET ADDRESS], in the City of [CITY, PROVINCE], and/or my [RELATIONSHIP TO EXECUTOR – SON/DAUGHTER, FRIEND, ETC.], [EXECUTOR NAME], of [STREET ADDRESS], in the City of [CITY, PROVINCE], Executor and Trustee of this my Last Will and Testament (hereinafter referred to as 'my Trustee’). I GIVE, DEVISE AND BEQUEATH all my estate, both real and personal, of every nature and kind and wheresoever situate, including any property over which I may have a general power of appointment, to my [RELATIONSHIP – HUSBAND/WIFE, ETC.], [BENEFICIARY NAME], if he survives me for a period of [thirty (30) days], for [his/her] own use absolutely. IF MY SAID [RELATIONSHIP – HUSBAND/WIFE, ETC.] should predecease me, or die within a period of [thirty (30) days] following my death, I GIVE, DEVISE AND BEQUEATH all my estate, both real and personal, of every nature and kind and wheresoever situate, including any property over which I may have a general power of appointment, to my Trustees to hold upon the following trusts:
IF one of my above-named beneficiaries shall predecease me, then the equal share set apart for that deceased beneficiary shall instead be distributed to his or her descendants, equally share and share alike. If one of my above-named beneficiaries shall predecease me leaving no descendants surviving, then the equal share set apart for that deceased beneficiary shall be distributed to my other beneficiary, or if my other beneficiary has predeceased me, then to his or her descendants, equally share and share alike. IN WITNESS WHEREOF I have hereunto set my hand to this and the preceding page at [CITY NAME], in the Province of [PROVINCE NAME], this [DATE – 1st day of MONTH , AD YEAR]. __________________________________________ [PRINT YOUR NAME HERE, SIGN ABOVE]
Revised: September 19, 2017 |
Copyright © 2002 Boat Harbour Investments Ltd. All Rights Reserved. See Reproduction of information from TaxTips.ca Facebook
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