A “holograph” Will is a Will that is made wholly in the testator’s own handwriting and which is signed by the testator. A holograph Will is an exception to the rule that a testator must sign his or her Will in the presence of at least two witnesses. It is important to note, however, that to be considered a holographic Will the handwritten document must not contain any preprinted portion(s). Accordingly, any stationery that is pre-printed in any manner is not appropriate for completing a holographic will – a handwritten Will on such stationery will need to be witnessed in the same manner as a formal Will in order for it be considered valid. Notwithstanding the foregoing, even if a handwritten document is not properly executed if there are portions of it that express the testator’s wishes then such portions can still be submitted for probate.
Section 5 of the SLRA addresses the requirements for Wills prepared by persons who fall into any one of the following three categories:
- A member of the Canadian Forces placed on active service under the National Defence Act (Canada);
- A member of any other naval, land, or air force while on active service; or
- A sailor when at sea or in the course of a voyage.
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