Formalities of execution

No will is valid unless it is in writing and executed in the manner stated:

• In order for a will to be valid, it must be in writing and signed by the person making the will (the "testator") or someone signing on their behalf, in the presence of at least two witnesses who also sign the will.

• A will is still considered valid if it is wholly in the testator's own handwriting and signed by the testator, even if it does not follow the other requirements

  • This is called a "Holographic Will"

Signatures

The signature of the testator or person signing on their behalf must be placed in such a way that it is clear they intended to give effect to the contents of the will.

This means that the signature can be in different positions, such as at the end of the will or on a separate page, and it can even be surrounded by blank spaces or other writing. However, the signature cannot give effect to any directions added after it was signed.

Execution of appointment by will

• any appointment made in a will using a power of appointment (which is the ability to name someone to receive your property or assets after you pass away) must be executed in the same way that a normal will is executed. This means that the will must be signed at the end by the person making it (the testator) and witnessed by at least two people who are present at the same time.

• If a will is executed in this way, it is considered to be a valid execution of the power of appointment, even if the power of appointment required some additional or different form of execution or ceremony.

  • Essentially, as long as the will meets the requirements for a valid will, it will also be considered a valid exercise of any power of appointment that the testator had.

Validity of a will

for the formalities of creating a will, a will made within or outside of the province is valid if it follows the law in force at the time of its making in the place where:

• the will was made;

• where the testator's primary place of residence

• the testator's original primary place of residence

Construction of general devise or bequest

A general gift in a will that describes the testator's property or assets without specifying them in detail will include any other property or assets that the testator had the power to give away unless the will indicates otherwise. This applies to both real estate (land and buildings) and personal property (money, belongings, etc.), and extends to any property that matches the description in the will.

NS Wills Act s.6-8, 15, 26