Between not writing a will at all and writing a holograph will (i.e., handwritten), the second option is probably better… although you may be causing your loved ones a lot of trouble and leaving them with a long, difficult task — not to mention the risk that your wishes may not be respected in the end.

To be valid, a holograph will must meet several formal requirements. Among other things, it must be entirely handwritten. Do not print a template from the internet and fill it out — even if you modify the content, it won’t be valid. It must also be made individually, so you can’t write a joint will with your spouse — that would also be invalid.

Even if your holograph will is properly written and meets all the legal requirements, things can get complicated after your death. Your loved ones will need to go through a notary or the court to probate the will, i.e., confirm that it is indeed your last will and testament. These procedures can be long and costly, especially if a family member contests the will — rightly or wrongly — by claiming that the document does not reflect your final wishes, or that you weren’t of sound mind when it was created. Your intentions might also be misinterpreted, since you’re not a legal expert, and your wording could be interpreted in different ways.

Our advice? Talk to a notary.

If you’re taking the time to express your final wishes to protect your loved ones, why not make things easier for them too? A will made before a notary is an authentic legal act, meaning it does not need court approval — it is presumed to be valid. Once the testament search confirms that it’s your last will, your loved ones can immediately begin settling your estate. During the meeting, your notary can also give you tax planning tips and help you think about other important things that belong in a will: Who will be the liquidator? Who will care for your minor children?

Preparing your will isn’t the most fun task, and many believe it brings bad luck — but in reality, it’s just another part of planning your future, like retirement, RRSPs, or your kids’ education. And it ensures your loved ones will be taken care of, no matter what happens.

Contact us now to schedule an appointment.

Me Sylviane Silicani Notaire