FAQ | alenanotary

What is a Will?

A will is a legal document that says about the distribution of your estate following death.

What is an estate?

“Estate” means the property of a deceased person.

Who can make a valid will?

You must be 16 years of age or older and have testamentary capacity.

What are formalities of execution?

A will must be in writing and duly executed by a will-maker at its end in the presence of two witnesses present at the same time and signed by the witnesses in the presence of the will-maker.

Who is a spouse under the Wills, Estate and Succession Act?

Two persons are spouses of each other if they are married to each other, or they had lived with each other in a marriage-like relationship for at least two years.

Who should have a Power of Attorney?

Any adult can appoint a trusted person to take care of their financial and legal matters in case when they are unable to do these matters themselves.

Whom should you appoint as your attorney?

A power of attorney provides your attorney broad power to deal with your property and assets. You can appoint your family member or friend whom you trust. Or you can appoint a professional such as your trust company, lawyer or notary public.

What is an Affidavit?

An affidavit is a written document that contains facts and confirmed by your oath or affirmation before a notary.

What is an oath?

An oath is your solemn promise that your statement is true.

What is an affirmation?

An affirmation is your formal declaration when you decline to take an oath.

What is a statutory declaration?

Like an affidavit, a statutory declaration is a written statement of facts that is verified by your solemn declaration.

Making a written statement (an affidavit or a statutory declaration) you must understand the contents of the document. Under Canadian Criminal Law, it is an offence to make a false statement.