I know it's a "hand written" will that is legal in Canada, but it must be layed out in a certain manner.  I've gone on-line but all I get are sites that want to sell other services.  I've been to the library, nothing on the subject.  My will is simple, my nephew gets EVERYTHING!\n\nNo money for a lawyer.  Legal-Aid just gives me pamphlets that don't give specifics.\n\nAny input?  Thanks!
217396
Generally, a holographic will must meet the following requirements:\n\nAll material provisions must be written in your own handwriting. This doesn't prevent you from using form-wills available over the internet or at some courthouses. As long as all the important parts are handwritten, that is generally good enough. When in doubt, copy everything over into your own handwriting.\n\nAnother general rule is that the person making the will must understand every statement in it. Writing something that you don't understand in a legal document is generally a bad idea. \n\nThe will must also be signed by the person making it, at the time it is made, and signed with the intent of making the document a will. Some forms or samples contain a clause to that effect. Present intent to treat the document as a binding will is the key here.\n\nSome states/provinces require witnesses, even for holographic wills. Some require the holographic will be notarized. Some do not. Check your local listings.\n\nAs to wills in general, the more specific you can make things, the less problems they usually propose. When giving something to a person, clearly and unambiguously identify the person. For example "my cousin" is less precise than "Amy Gardner", and both are less precise than "my cousin Amy Gardner who lives in Cincinnati". \n\nFor the property being given, however, general statements are more inclusive. "Everything" (or "everything else, aside from .... above") is called a residuary clause, and is also usually accepted by most courts.\n\nAs with any legal matter, don't take random advice anonymous given over the internet. Do the research. Many law schools and court houses offer free legal advice through clinics for simple matters. Many state bar associations also have lawyer referral services where you can get a lawyer free for up to one hour for simple matters. \n\nDo the research. A few extra hours spent doing it right can save months of headaches later.
652749
quoting from the website:\nhttp://www.premack.com/columns/2004/2004-12-07.htm\n\n"Under Texas law, there are three ways that you can create a legally valid will. First, a spoken Will is authorized by a law dating to 1879. You cannot use a spoken will for more than $30 worth of personal items unless three witnesses hear the Will spoken. You cannot give away land using a spoken Will. These limits, and others, are why spoken Wills are not used today."\n\n"Second, a handwritten Will is valid under Texas law if it 1) is entirely in the handwriting of the Will’s maker, 2) contains the date on which it was written, and 3) is signed. Witnesses are not required. However, handwritten Wills are discouraged because while they may be legally valid, they may end up being more expensive to probate than a formal Will if they fail to allow independent probate and waive the executor’s bond."\n\n"Handwritten Wills can also be less reliable. For instance, if any part of the Will is not handwritten (is typed or preprinted) the Will is not valid. If words are used incorrectly, the Will’s meaning may be misinterpreted (the everyday use of a word may not match its legal use)."\n\n"Third, a formal Will is the most thorough choice. To be legally valid, a formal Will must be dated, signed, and be witnessed by two persons who are fourteen or older. To confirm the Will’s validity and eliminate the need for the witnesses to appear in court when the Will is probated, it should also have a specially worded self-proving affidavit. The self-proving affidavit must be signed by the Will’s maker, by the witnesses, and must be notarized. That results in two sets of signatures on each Will."
544323
go with what the CIC recommends. www.cic.gc.ca     You don't need to waist money on an attorney tho, do it yourself easily
162967
Call the lawyer who did his will.  If your husband is in the will, he has a right to read it. They should send you a copy of it.
615914
You can purchase such forms at msot book stores. Many lawyers use them as well.
226517
Wills don't have to be probated.  But until they are, there is no legal force behind them.  The court decides when it has been properly executed, that it hasn't been revoked, and that the person who wrote the will was the person who died.  If the will isn't probated, then you better be sure that there are NO disputes, because anyone can come out of the woodwork and say "um, that mobile home was actually supposed to go to me."  Not that this claim would win, but probating the will would help protect against these types of claims.\n\nThe reason you're selling off the property and dividing the proceeds is because cash is easier to split than personalty (personalty being personal property).  The titles to this property are irrelevant because as soon as your mother died, they were transfered to her estate and you and your sister are the beneficiaries to that estate.  So no, this is not why the will had to be probated.\n\nThe lawyer who administers the estate on your behalf has a right to charge however much he wants to.  It's your duty to ensure that this is not overly burdensome.  But if you signed a contract saying that he would get 5% of the estate, then it's more than likely too late for you to back out of that.  I personally don't believe that 5% is outrageous when it comes to working with the courts to make sure that everything is handled properly.  Just make sure he's keeping his side of the bargain by informing you when you have to file returns, what taxes (if any) are supposed to be paid, and when the probate process is going to be over.
262809
Find yourself a probate attorney quickly.  \n\nIf your brother is the executor of the estate, it is probably within his power to sell the land, though, as he will be empowered to do with the property as he sees fit.  You are, assuming you are named in the will (if there is a will), entitled to whatever portion of the proceeds from that sale that you have been designated to receive.  You probably won't see this money until it has been submitted to probate court in the final accounting of the estate though.  I have a hard time believing that you don't have a death certificate for your father if he died over 6 months ago.  Although, I don't really see the relevance in this instance.  A probate attorney will probably advise you to make sure that all of your father's property was inventoried properly.  If he died intestate, then you have a whole other mess.  Bottom line, find a probate attorney.\n\nYou could start your search in your yellow pages or www.martindale.com
44062
Some states have a register of wills. Check with your local court house. \n\nSecondly, get an attorney ASAP, if there is no will found. It will need to go through probate, and the sooner you start the quicker you'll get through all the nonsense. Probate would involve all of her unsecured debt being paid off prior to distributing any money to living siblings. All siblings would have to be contacted, and the estated would be divided equauly.
25097
It's doubtful that you will find something like that on the internet. I have never heard of the "at least one dollar" and I have lost both parents. Your best bet is to contact the executor of the will.
487778
Pre-Paid Legal is the way to go for sure. Have a will, a living will/ health care directives, etc. Plus a whole lot more.\n\nhttp://www.getprotectedhere.com
479467
Like most things in Canada, the law here isn't "Canadian," it depends on your province. But generally speaking, how any given Commissioner of Oaths charges fees for their services is for them to decide – usually getting something commissioned doesn't cost that much, though. You can make a quick call to a law office to check in advance.\n\nThe Commissioner is usually commissioning a document to say that something was sworn/affirmed before him or her. In this case, yes, the swearer or affirmer would definitely have to be present. (Otherwise what is the commissioner actually doing other than stamping something?) Other times a document might get notarized as a legitimate copy of another document – in which case the original and copy would both have to be presented.\n\nI'm guessing that the letters you have are affidavits? The swearer will have to be present (to attest to the truth of the contents of the document) at the time of commissioning.
218396
was the property left to that sibling in the will?  You really need a lawyer for such a thing, it gets complicated.
637130
It would be absurd for anyone to offer a definitive answer for your situation without looking at the language written into your contract.\n\nTechnically, you offer a service, and the contract is for payment for services rendered.  The contract also states that services rendered would be provided under certain conditions and allowances.  (I assume this much from what you've indicated)  \n\nHowever, there is specific language which needs to be used in the contract- language which makes your agreement "legal" and language which covers any possible loopholes which may exist.\n\nAt the minimum, both parties need to be identified and referred to in the same manner throughout the entire document.  Dates and dollar amounts specified, and in some cases written out completely (no numbers, as numbers can get "misread" 1's and 7's sometimes look similar, dependant on handwriting or typeset)  All stipulations must be clearly indicated, and any signatures must be dated, and prefaced with something indicating all parts of the document were read, understood, and accepted as a contract for services rendered.\n\nIt's probably not worth the trouble to pursue this matter.  Have you truly lost a ton of money, or are you trying to get back at the parent?\n\nConsider the children.  If you think them as angels, do you want to put them through a possible court proceeding?
15997
Definitely start with the Willmaker programs like from Quicken.  They allow you to take time and think about what you want to do, and give helpful advice along the way.  After that, you can still go to a lawyer if you want, but won't have to spend as much time (read $$$) getting the final product - you will have done a lot of legwork beforehand, and will be able to ask more intelligent questions.
94609
I think that you should contact a law office that specializes in Wills, Trusts, and Estates Law and seek a free consultation to see if they may be able to make a case for you or make a referral to what should be the next move. Good Luck...and keep the fire to inquire!
249325
Ask an attorney, you don't want to do anything illegal and then get the shaft in the end. I thought that he could write a will and sign his money over to you, that way it's not in his name. Or, you can use it to pay his hospice nurses. But most importantly I would ask a lawyer
322779
You can not, \n\nPeople can do thier own will, so only they may know about it, or close family.\n\nPeople use an attorney, so only they and their attorney will know about it.\n\nIf the will is executed ( they should normally go though probate court)  if they did, then the court will have a copy but will also insure that everyone who is suppose to get money does.\n\nIn the end, the only way to find out, is to ask family.