Alena Harelik Notary Public

What is a Will?

 

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

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What is an estate?

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“Estate” means the property of a deceased person.

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Who can make a valid will?

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

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What are formalities of execution?

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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. 

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

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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.

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Who should have a Power of Attorney?

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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?

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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.

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What is an Affidavit?

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

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What is an oath?

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

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What is an affirmation?

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

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What is a statutory declaration?

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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.

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