Francine (not her real name) recently came to see me at my law office in the Kanata-Stittsville area of Ottawa for estate planning advice. She had moved to Ontario from Quebec following her recent separation. Although she now lived in Ontario, she still had a cottage in Quebec. She wanted to know whether ripping up a copy of her Quebec Will was enough to revoke it. She wanted to make sure that the spouse she was now separated from would not receive anything from her estate if she were to die.
Does destroying a Will do the trick?
The requirements for revoking a Will in Ontario are simple. Either you destroy the existing Will or you do a new Will revoking the previous Will. However, the requirements for revoking a Will in other jurisdictions may not be the same. For example, in Quebec a Notarial Will signed before a Quebec Notary is not revoked by destroying a copy. When the Notarial Will is signed, the Quebec Notary registers the Will with Quebec’s provincial registry and the Notary stores the original.
Just moved?
As Francine rightly did, if you have recently moved to another province, it is important to review your estate planning. Take the time to review your current Will to see if it still reflects what you want done with your estate in the event of your death. If it does, the next step will be to make sure that the Will is considered valid in the jurisdiction in which you are now residing. It may also advisable to have a Will in each jurisdiction where you own real estate.
If your Will does not reflect your current estate planning goals, seek the advice of an estate planning specialist to have a new Will prepared. It is important to also to contact the person who prepared your previous Will, especially if it was a Quebec Notary, to advise that you have signed a new Will.
Questions?
If you have recently moved and have questions about your Will, phone 613.836.9915 or email [email protected] to make an appointment to meet with me at my Ottawa law office. We will review your unique situation and estate planning goals and discuss possible options so you can decide how best to provide for your loved ones.
Reproduction of this blog is permitted if the author is credited. If you have questions or if you would like more information, please call us at 613 836-9915. This blog is not intended to be legal advice but contains general information. Please consult a lawyer or other professional to determine how the information in this blog might apply to you.
Blog posts pre-dated December 1, 2015 were originally published under Neff Law Office Professional Corporation.
