Re: UK Wills
 

The reason an English/Welsh Will is not 'valid' in Scotland is that they are based on a different style of law making ie English is based on common law whilst the Scots used Roman/Dutch law.
Basic bequests are fine the reason for seeking professional help is avoiding tax and for complicated stuff.
Witnesses can be related they just can't be beneficiaries of the Will

Re: UK Wills
 

Thydney, I have to contest that...no pun intended.

A will can be drawn up anywhere, if it is proven to be the last will scribbled and witnessed on a Himalayan mountain ledge then its valid.

Of course any will can be contested, so the clearer the better thus ensuring the deceased final wishes are fulfilled.

Will validity has nothing to do with where it was drawn up; the validity stems from the fact that it has been proven to be the last will.

I agree with your last comment about the witnesses; although its certainly best if they are not related to the testator.

Re: UK Wills
 

I remember seeing a Will in work that was handwritten on a scrap of paper basically saying when I die everything should go to my wife. It was eventually accepted as a legal Will by the court but it's a hassle the guy's Widow could have done without.

Re: UK Wills
 

I can certainly see that, but if it was written in the deceased own hand then he did better than most.

Many pass on these days without wills causing problems that need not have materialized and shedding the estate of the deceased to lawyers and the like vice where the deceased may have wanted things to end up.

What a topic for a Saturday evening.

On that note its Miller time...

Re: UK Wills
 

I'd love a cold beer right now, oh well.

My boss told me that if you are going to do your own Will it's better to write the whole thing in your own handwriting rather that typing in on a computer then signing it.

Re: UK Wills
 

Thanks Judy, will have a good read of all that. Bev :)

Re: UK Wills
 

We have mirror wills and we had them witnessed by two people. OH says they will hold up, but I am always the doubting Thomas and would feel better having an 'official' one done over here. Some working on him to be done in this area me thinks. Thanks for all advice :)

Re: UK Wills
 

Just to clarify this again, if you are resident in BC you must have a will that is legal in BC, otherwise it will not be probated. If you die without a legal will it will be as if you die with no will at all: the court will appoint an administrator and
your estate will be distributed as the court and the law sees fit.

As far as I can see there are not an special terms or requirements to make a will valid in BC, other than we are used to in England. Most important is that the will is properly signed and witnessed.

One interesting thing is that a will is automatically voided if you marry, or are separated, after making it.

Re: UK Wills
 

No they do not automatically become invalid.

However, normally people do need to obtain a new one depending on:

- if most of their real property is to be located in a new jurisdiction; and
- the law of that jurisdiction on admitting non-local wills; and
- what the processes of that jurisdiction are for setting down wishes on guardianship of children.

Re: UK Wills
 

A will that is legal in BC...any will has to be deemed legal, and that is what the probate court does (realizing that not all jurisdictions require all wills to be submitted to and released by the probate court, but most do). I would like to see a clearly written (typed or by hand) and properly signed and witnessed will thrown out because it was deemed unworthy from a legal speak perspective; with a request to get buddy back to sort out no doubt!

The rules for BC are not dissimilar to the rest of the country. Each province has its equivalent of the Wills act.


http://www.ag.gov.bc.ca/courts/civil...ls_estates.htm

About Wills . . .Are hand-written wills valid in B.C.?

Yes, if they are signed by the testator and two witnesses in compliance with the Wills Act.

Are pre-printed will forms valid?

Yes, if the directions are followed precisely and if the directions comply with the Wills Act.

Do all wills have to be witnessed?

Any will made in British Columbia must be signed by the testator and two witnesses with the exeption of personnel in the military forces or someone who is a mariner. Two witnesses must see the testator sign, and the testator must then see those two witnesses sign.

What about wills made outside B.C?

If you are not sure whether a will made outside this province is valid here, contact a lawyer familiar with British Columbia probate laws.

FEEL FREE.....but it your will is clearly written etc I personally would not bother...compliant with the wills act sure, and for most folks that means properly signed and witnessed.

Does every will have to name an executor?

No, but it is recommended. If an executor is not named, someone may have to apply to the court as administrator to handle all probate issues.

My own will has evolved over time, it started out life based on a UK version of my parents which was prepared by a lawyer. I have helped my Canadian in-laws update theirs (initially crafted by a lawyer). I probably do put more time into this than most, modifying as my family situation required.

This certainly ain't rocket science make of it though what you WILL....and pay whatever you like in the process. If your will is complicated then sure go to a lawyer.:thumbsup:

Time for another Miller....Bliiink...will be in touch...

Re: UK Wills
 

It's not the place it's drawn up in its the law under which it's written. For example in Isreal it's governed by the Torah ,in France you can't disinherit your kids. Yes you can write your will anywhere as many squaddies have done, actually squaddies need not even write a will they can make a verbal will.
My point was that the real purpose of a will after all your trinkets is to make sure your family get as much from your estate as possible which is where the need for knowledge on local tax laws is essential.

Re: UK Wills
 

Not all the time you can actually make a Will in anticipation of marriage. Though getting married would raise a question of your sanity:rofl:

Re: UK Wills
 

I love it when non-lawyers get started on wills, so much crap flies about almost from the moment they begin to write.

The English will will be valid for the property within that jurisdiction, subject of course to the normal rules with regard to validity.

In most Canadian Provinces (I know only about Alberta specifically), the will is likely to be valid if the formalities are followed. However, proving Probate is very problematic if the signing of the will has not been witnessed by a lawyer/notary. For some bizarre reason, the rules of probate in Alberta assume that the witnesses did not fulfill the formalities appropriately if not witnesses by a lawyer/notary and, if this is the case, you will need to track down the witness and get them to swear affidavits confirming that the formalities were complied with. The presumption is that it was done improperly rather than assuming it was done properly unless there is evidence to the contrary. This causes huge difficulties if the witnesses are no longer around.

I would very strongly suggest that you have a lawyer in whatever Province/Territory you now live in advise you. As I have said previously, on one occasion a client refused to take my firm's advice not to have an out of Province trustee. 18 months after her death, Probate is nowhere near being obtained and all of the funds are still frozen.

Re: UK Wills
 

I totally agree with your comments. I think there is a time and place for when the lawyers need to be used for complicated wills, but for most of us who have uncomplicated lives your comments are right on.

Re: UK Wills
 

Feel free to point out all the crap in this thread; rest assured a cheque/check for your services is in the mail.

I am tearing up my will, prepared in NB witnessed by New Brunswickers right after this...yeah right...