Where There's a Will, There's a Way #5 - What's Age got to do with it?

By Honest ALF Dick – the Little Guy Lawyer

Okay, we’ve talked about “what is a Will?”, we’ve talked about what a Will deals with and about its benefits and we’ve talked about what your lawyer needs to know about you and your assets. 

Now, let’s talk about some interesting (at least to me) bits and pieces about Wills

First about age:

Basically, you have to be over 18 years of age to make a Will but (as always with the law) there are exceptions.  Did you know that if you are under 18 years and are, or have been, married, you can make a Will?  I guess there may be some people out there who get married when they are legally minors – I doubt if there are many – but they can make a Will. 

A related situation is where you are under 18 and are “contemplating” marriage and if your Will says so (and if you do in fact marry that person), you can make a valid Will in Ontario. 

Maybe you better keep an eye on your under-age son or daughter – they may be contemplating! 

A member of the Canadian Forces can make a Will while under 18 – and so can a “mariner or seaman” (I guess that includes a “seawoman”) while at sea or in the course of a voyage.  Maybe that’s all the more reason to watch that underage child when she or he wants to go on a boat ride! 

Oh, by the way, that under age person who made that valid Will can also revoke it while under the age of 18 years.  That makes sense.