By HONEST ALF Dick – the Little Guy Lawyer
More “bits and pieces” about Wills.
I’ve told you that a Will has to have witnesses – my bad - I am correct in general terms but (in law, there’s always a “but”) it is possible to make a valid Will in Ontario without witnesses if the Will is “wholly” in the Testator’s own hand-writing and signature. It’s call a “holograph” Will.
Now, I’m not suggesting that you prepare one just to save money – I’m told that one of the favourite toasts at lawyers’ dinners is to the homemade Will because it generates so much litigation due to vague and contradictory language – but a holograph Will can be useful in certain situations.
I recall one case where a farmer was pinned under his overturned tractor, way out in the field where nobody could see or hear him, and, knowing that he was dying, he scratched a holograph Will into the paint of the tractor fender, and it was accepted as a valid Will. Can you imagine the Judge’s reaction when they brought the tractor fender into Court as an Exhibit?
So, while this is a possibility, don’t wait until you are pinned under a tractor to draw your Will – go see your lawyer. He or she won’t bite you, I promise.