Explanation of Will Sections

(Optional Reading)

An actual Will, in full legal language, might not be easy to read through.

We have therefore answered some common questions in order to help you understand it.

Because each person's Will is unique based on their choices, not all of these points might apply to you.

1. "Where are my property instructions listed?"

   Your wishes as to your property are located in the section titled "3. Disposition of my Estate".

   In there, the legal term "residue" is what refers to the general remainder of your property.

2. "What is the meaning of 'issue' and of 'per stirpes'?"

   Depending on your choices, you might see these legal terms in your property instructions.

   The phrase, "to John's issue then alive in equal shares per stirpes" means, "equally to John's surviving children, if any".

   And, if applicable, it will further mean, "where a child has not survived but has children of their own alive, then such child's share equally to their children instead, and so on, down all branches of descent".

3. "Where can I find my Executors?"

   Your Executor appointments are located in the section titled "2. Appointment of Executor".

4. "What is the meaning of 'codicil'?"

   You might see this term in the opening sections of the Will.

   A codicil is a legal document used to make changes or additions to an existing Will without writing a whole new one.

   They were common in an era where Wills were written by hand or by typewriter.

   However, in the age of computers they have become obsolete, since a new Will can be easily reprinted to replace an old one when a change or addition is needed.

   You may still see the term in Will documentation from time to time for its historical significance.

5. "Explain the section 'Interest of Minors'"

   Under Canadian property law, there are restrictions on the ability of minor children to hold property.

   Where a situation arises in which any immediate beneficiaries under your Will happen to be minor children, this section provides that the Executor will hold on to their entitlement in trust and invest it and disburse it for their benefit until they reach the age of majority when it will be released to them totally as adult beneficiaries.

   The proceeding section, 'Payment on Behalf of Minors', allows for a bit of administrative convenience whereby the Executor is allowed to disburse such a minor child's entitlement to their parental figure.

6. "There is a string of sections that all start with 'I authorize my Trustees to ... '. What are they about?"

   These sections grant in explicit terms the standard powers that an Executor requires to carry out the provisions of your Will and administer your estate.

7. "Explain the section 'Members of a Relationship Class'"

   If, in your Will, a reference to a non-specific, generalized class of relatives has been made (i.e. 'issue'), then this will restrict that reference to recognized persons within it.

8. "Explain the section 'Exclusion from Community of Property'"

   This is to protect a beneficiary's entitlement from being taken by their spouse in a separation/divorce.

9. "Where do I sign?"

   The last page of the Will is the signing page. Then, all pages but the last must be initialed.

   To do this properly, you must follow our manual, "Instructions for Signing".

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