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Legal Requirements Glossary

Master the language of will and estate planning with this easy-to-navigate A–Z reference

 

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z


  • Affidavit for Power of Attorney – A supporting affidavit that validates the execution of a Power of Attorney, confirming the signer’s capacity and proper witnessing.
  • Affidavit of Execution – A type of self-proving affidavit that affirms the signer acted voluntarily and was of sound mind, and that witnesses were present during the signing.
  • Barreau du Québec Registry – A mandatory registry for notarial Wills in Quebec, managed by the province’s legal authority.
  • Blended Family Considerations – Special planning concerns that arise when a testator has children from previous relationships or stepchildren, requiring careful Will drafting to avoid conflicts.
  • Canadian Will Registry – A national, voluntary registry service that helps families find registered Wills and confirm their existence and location.
  • Centralized Will Registry – A secure, searchable database that records the existence and storage location of a Will, helping executors and family locate it when needed.
  • Date – Including the date on a Will establishes its creation timeline and can help confirm its validity and order among multiple versions.
  • Digital Will – A Will created, signed, and stored using digital tools; legally recognized in some Canadian provinces, subject to specific rules and limitations.
  • DIY Will Suitability – Criteria for when a do-it-yourself, kit-based, or online Will may be appropriate, typically for individuals with straightforward estates and no contested beneficiaries.
  • Electronic Will Format – A method of preparing and signing a Will entirely online using secure software, sometimes with remote witnessing options.
  • Electronic Witnessing – The process of witnessing a Will through virtual means, permitted in some provinces under specific legal rules; typically includes video conferencing and electronic signatures.
  • Executor Access Support – The benefit of registries in helping executors locate and prove the existence of a Will, preventing reliance on outdated documents.
  • Holograph Will – A handwritten and signed Will created without witnesses; legally valid in many provinces if fully in the testator’s handwriting and compliant with local rules.
  • Impartial Witnesses – Individuals who are not beneficiaries or related to beneficiaries, required to serve as neutral observers to validate the signing of a Will.
  • Jurisdictional Complications – Legal challenges that occur when a person owns property across different provinces or countries, requiring specialized legal drafting to manage conflicting laws.
  • Legal Acceptance of e-Wills – Provincial recognition of electronic Wills, currently allowed under specific rules in places like British Columbia and Ontario.
  • Legal Age and Capacity – The requirement that the testator must be at least 18 years old (in most provinces) and of sound mind to make a valid Will.
  • Legal Execution Standards – The formal criteria that a document must meet to be legally valid, including proper witnessing and signing procedures.
  • Legal Support Indicators – Situations where professional legal help is strongly recommended, such as setting up trusts, excluding beneficiaries, or managing complex family dynamics.
  • Legal Validity – The fulfillment of provincial requirements—including age, capacity, format, signing, witnessing, and voluntariness—to ensure a Will is legally enforceable.
  • Notarial Will – A Will created before a notary and one witness, recognized in Quebec and exempt from probate, offering high legal security.
  • Notary Public – A legal professional authorized to witness signatures and administer oaths, often involved in validating self-proving affidavits.
  • Notary Role – The duties of a notary in provinces like Quebec and BC, including preparing and notarizing Wills, with limitations in providing legal representation in disputes.
  • Physical Will Format – A traditional Will created on paper, signed with ink, and witnessed in person, universally accepted across all Canadian provinces.
  • Probate Efficiency – The process of streamlining estate settlement by using tools like self-proving affidavits to avoid witness testimony and court delays.
  • Proper Signing Procedure – The correct sequence for signing a Will, including simultaneous presence of the testator and both witnesses, with immediate signing and inclusion of full witness details.
  • Provincial Differences – Variations in Will laws across Canadian provinces, such as rules for notarial and holograph Wills or validation by court discretion.
  • Registry Record – A formal entry in a Will registry noting the date, storage location, and preparer of the Will without storing the Will itself.
  • Remote Witnessing – A legally permitted method in some provinces that allows witnesses to observe the signing of a Will via video call rather than being physically present.
  • Self-Proving Affidavit – A sworn legal document signed by witnesses at the time of Will or Power of Attorney execution, confirming the document was properly signed and witnessed, reducing the need for future testimony.
  • Signature – The act of signing the Will at its end, confirming the testator’s intent; essential for legal enforceability.
  • Trust Establishment – The creation of legal arrangements within a Will to manage and distribute assets under specific terms, often used for minors or dependants with special needs.
  • Voluntariness – The principle that a Will must be created freely, without pressure, coercion, or undue influence to be valid.
  • Will Discoverability – The ease with which a valid Will can be found when needed, essential for proper estate execution and avoiding delays.
  • Will Location Record – Information stored in a registry that includes where the original Will is kept and who prepared it.
  • Will Registration – The voluntary or mandatory process (depending on province) of registering the details of a Will with a provincial or private registry.
  • Will Storage – The practice of storing a Will either in a secure digital environment or in a physical location like a safe or cabinet.
  • Will Storage Notification – Informing trusted parties of the Will’s location to ensure it can be retrieved and followed after death.
  • Will Validity by Province – The requirement that a Will must comply with the specific legal rules of the province in which it was created in order to be enforceable.
  • Witness Disqualification – Circumstances where a person is prohibited from acting as a witness, such as being a beneficiary or the spouse of a beneficiary, which may invalidate their associated gift.
  • Witness Eligibility – The legal requirement that witnesses to a Will or POA must be impartial, present at the time of signing, and of legal age and sound mind.
  • Witness Requirements – The legal need for two independent individuals (not beneficiaries) to witness the testator’s signature to validate the Will.
  • Witness Role – The legal function of witnesses to confirm the testator’s mental capacity and voluntariness at the time of signing; their testimony may be required in probate disputes.