The purpose of a will is to ensure that your finances and property can be dealt with in an orderly manner after you pass away. Most wills share a similar general structure. However, depending on your circumstances, certain sections may or may not be necessary. If your situation is complex, you may need a number of additional clauses to make sure your will is complete and legally valid.
A will does not need to take any special form. It only needs to be a document of some kind. Although a will can be handwritten, most wills are professionally prepared and typed.
Your Name and Personal Information
Most wills follow a simple structure. First, a will begins by clearly stating the full name of the person making it. Your name in the will may include your birth name, married name, and any nicknames. Many wills also state your occupation.
Revocation of Prior Wills
The second part of a typical will is a clause revoking all previous wills. This cancels every will you have written in the past, so that you do not end up with two conflicting wills.
Appointment of an Executor
Next, the will names your personal representative. A personal representative may also be referred to as an "executor" or "estate trustee." This is the person who will carry out your wishes. Anyone over the age of 18 who has the mental capacity to understand and manage their own affairs can serve as your personal representative.
Disposition of Property and Beneficiaries
After naming your personal representative, you can begin writing the main body of the will. This is the section where you name the various individuals or organizations who will receive everything you own when you pass away. You should also name a backup, or "alternate beneficiary," for each gift in your will. This alternate beneficiary receives the gift if the primary beneficiary formally predeceases you.
The Residue Clause
Finally, a will should include a section known as the "residue clause." This is a clause, usually near the end of the will, that names a person or organization to receive anything not otherwise listed in your will, or anything left over after all expenses have been paid and all other gifts have been distributed.
Dating, Signing, and Witnessing
A will should be dated and signed at the end. If the will is typed, two witnesses must also sign at the end and initial every page of the will. They will also need to sign an Affidavit of Execution confirming that they witnessed you sign the will. If you write the entire will in your own handwriting from start to finish, no witnesses are required.
In Ontario, wills and powers of attorney may, in most cases, be signed and witnessed remotely — meaning video technology may be used to witness the signing — as long as one of the witnesses is a member of the Law Society (a lawyer or a Licensed Paralegal). The person making the will and the witnesses must sign at the same time, and the electronic method of communication used must allow all participants to see, hear, and communicate with each other in real time.
