“Is My Napkin Will Valid?”
It’s Friday night, you’ve uncorked a bottle of the Okanagan’s finest Syrah, and as you sip, your mind wanders into deeper territory. Suddenly, a thought hits: “I don’t have a will!” In a burst of inspiration, you grab the nearest napkin and start jotting down your final wishes.
The Wills, Estate and Succession Act of British Columbia outlines the formal criteria needed to create a valid will:
- The will must be in writing (you’ve got that covered!);
- The will must be signed at its end by the will-maker (or by another person in the will-maker’s presence and by the will-maker’s direction);
- The will-maker must make or acknowledge the signature in the presence of two or more witnesses who are both present at the time;
- Two or more witnesses of the witnessed must sign the will in the presence of the will-maker (there are exceptions for members of the armed forces on active service); and
- The will-maker must be at least 16 years old (unless a member of the armed forces on active service).
In the simplest sense, if your napkin Will covers those bases, it is valid. Naturally, like everything else in life, things aren’t quite so simple; that’s why you have us!
Contact us to discuss drafting your Will, 2025 is the year!
This information is general in nature only. You should consult a lawyer before acting on any of this information. This information should not be considered as legal advice. To learn more about your legal needs, please contact our office at (250)-448-2637 or by email to info@touchstone.law