MY LAST WILL AND TESTAMENT

I the undersigned, First Name, Family Name, Occupation, living at Address in the city of Name of City, province of province, Canada, born on Day Month Year (example: October 3^rd, 1960), carrying social insurance number (indicate your social insurance number example: 123 456 789), make my last Will and Testament as follows:

CIVIL STATUS

Select only one civil status from the following – eliminate all others

I am married to First Name and Family Name (of your spouse).
OR

I am married but separated from First Name and Family Name (of your ex-spouse).

OR

I am married but separated from First Name and Family Name (of your ex-spouse) and have been living in a common-law relationship with First Name and Family Name (of your spouse) for number (example: 24) months (or years).

OR

I am divorced and have not remarried.

Many other civil status

REVOCATION OF PREVIOUS WILLS

I hereby expressly revoke all other wills, codicils and legacies predating the present Will. Without prejudice to the foregoing, all other wills...

FUNERAL AND BURIAL

I leave the care of my funeral and burial to the discretion of my executor, surrounded by my loved ones, to ensure that the details are handled appropriately. I nonetheless reserve the right to...

LEGACIES

The Will form gives you the option to:

... leave all your assets to one or several individuals without specifying these assets (Option 1).

OR

... leave specific assets to particular individuals by describing these assets. The will form also includes a Remainder clause to cover the remaining of the assets once the specific assets are distributed. (Option 2).

Also included is a clause in which you may choose to list personal belongings (of small monetary value) and their respective heirs. This "Memorandum" clause is included in the section following the legacies.

(Option 1)

I leave all my assets, movable as well ... at the time of my death or thereafter descend to my estate, to First Name and Family Name (relationship to you - example: my wife).

OR if you wish to leave assets to several individuals to the following individuals named hereinafter, in the following proportions:

First Name and Family Name (relationship to you) for x (example: 50) %.
First Name and Family Name (relationship to you) for x (example: 50) %.

If you left all your assets to ONE INDIVIDUAL or wish to specify alternative heirs, include the following clause.

In the event that my heir named above dies before me or survives me by less than thirty ..., I leave all my assets,

First Name and Family Name (relationship to you) for x (example: 50) %.
First Name and Family Name (relationship to you) for x (example: 50) %.

You can leave some of your assets to one or more persons by specifying those and leave the remaining to another person or other persons.

(Option 2)

Various clauses are also included in the Will form that enable you to divide your assets :

RRSP or RRIF
Cash amount
Bank accounts
Main residence
Secondary residence
Rental property
Shares in companies
Other particular assets

...Bank accounts

I leave First Name and Family Name (relationship to you - example: my wife) [you may add other heirs] the sum of money deposited in ...including term deposits, at Name of the institution, located at Address, City, Province.

EXECUTOR

As the executor of my estate, I hereby name and designate, First Name and Family Name (relationship to you - example: my wife), living in City, Province. My executor must pay ... related to the administration of my estate. If my aforementioned executor dies before me or...

ADMINISTRATIVE POWERS AND DUTIES OF THE EXECUTOR

Choose ONLY ONE of the 2 options below:

Complete power assigned to executor (recommended)

Other than statutory powers granted by the law, my executor may – without seeking the authorization of the court, a judge or the heirs – do and propose all that is necessary for the good management and administration of my estate, including:

a)   Sell, rent, exchange, cede, transport, mortgage or otherwise dispose of any of the assets of my estate, movable or immovable and for any consideration he or she judges acceptable;

...detailed description of powers here

OR

Limited power assigned to the executor

If you don’t deem necessary for your executor to have the powers to invest the assets of your estate as he or she finds necessary, then choose this second option that limits the investments that he or she can pursue (investments with lower risks authorized by law).Replace paragraph k) above with:

k) Invest only in that which is authorized..

ASSETS LEFT TO YOUNG INDIVIDUALS

If one of my children or one my heirs is a minor, I hereby constitute a trust to which I transfer all assets that have been left to them. My executor, hereinafter called “trustee”...

• Each heir is to receive the revenues ... when he or she reaches x (example: 21) years of age and...
  
  
• Each heir is to receive his or her share of the capital ...reaches x (example: 25) years of age. In the meantime, my executor will...

NOMINATION OF A GUARDIAN AND CUSTODIAN TO MINORS

...

PREVENTION OF SEIZURE

...

EXCLUSIVITY OF ASSETS

...

IN WITNESS WHEREOF, I have initialed each page of the present Will and I sign the whole document in the ...

Signed at_______________, this   _________________________.
                       (city)                                 (date, month/day/year)                             

__________________________
    Signature of the Testator

IN WITNESS WHEREOF, the witnesses have entailed each of the pages of the present Will and...

Signed at____________________, this   _________________________.
-                             (city)                                      (date, month/day/year)

Witness:
_______________________________
_______________________________
_______________________________
_______________________________
(signature, family name, first name,
occupation, complete  address)

Witness:
_______________________________
_______________________________
_______________________________
_______________________________
(signature, family name, first name,
occupation, complete  address)

INSTRUCTIONS TO THE TESTATOR

READ THE FOLLOWING CAREFULLY

Topics covered :

A few legal definitions…
Funeral and burial...
The executor...
Compensation of the executor...
The Legacies...

Choices...
Restrictions...
Insurance...

Debts...
Death of the testator...

INSTRUCTIONS TO COMPLETE THE PRESENT FORM...

MANDATORY PROCEDURES...

You must follow these steps to give legal effect to your Will.

The witnesses...

For additional information, write, call or e-mail:

Jurismedia Inc.
www.jurismedia.com
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