Law & Legal & Attorney Wills & trusts

Succession Law Reform Act

    Format

    • Under the provisions of Section 3 of the Act, a valid will must be in writing. Section 4 of the Succession Law Reform Act indicates that the will must be signed by the the person making the will (testator) in front of two witnesses. The witnesses must be present at the same time. The exception to this provision is if the will is written entirely in the testator's own handwriting, which is known as a holograph will. This form of a will is considered valid, under Section 6 of the Act.

    Revoking a Will

    • An existing will is automatically revoked when the testator marries, under the provisions of Section 16 of the Act. A will may be prepared in contemplation of marriage, and in this instance, it must be clearly indicated as such. The testator may revoke an existing will by making a new will or indicating in writing that a previous will is no longer valid. Under the Succession Law Reform Act, a testator may revoke a will by deliberately burning or shredding it into pieces. A will is also revoked when a couple divorces.

    Dying Intestate

    • Dying without leaving a will is one of the circumstances addressed by Part II of this legislation. The estate is divided according to the provisions of the law among the deceased's next-of-kin, including the surviving spouse, children, parents and siblings. If the deceased has no next-of-kin, his or her estate reverts to the government.

    Survivorship

    • The Succession Law Reform Act considers how to deal with estate matters when two people who own property together die at or around the same time. The two individuals may be married to each other, but the law also applies if a property has multiple owners. The provisions of Section 55 of the Act provide direction on how to divide multiple estates.

    Support for Dependents

    • Part V of the Act addresses support for a dependent spouse, child, parent or sibling of a deceased individual. In cases where the deceased has not provided for his or her dependents, these individuals may apply for a support order from the deceased's estate, even if the deceased did not have a will.

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