Who can Draft a Will?

Any person can legally create a will and leave their real and personal property to anyone they choose. This includes:

  • any property they own at the time of their death, whether it was acquired before or after they made their will.

  • It also includes other types of property, such as estates pur autre vie (a type of property interest that lasts for the life of someone other than the owner),

  • contingent or future interests in real or personal property, and

  • rights of entry for breach of conditions or otherwise.

A person under the age of 19 cannot make a valid will unless:

  • they must either be married,

  • a member of the Canadian Forces (either as part of the regular force or on active service),

  • a mariner or sailor, or

  • a member of the Royal Canadian Mounted Police. This means that if a person under 19 wants to make a valid will, they must meet one of these conditions first.

If a person provides a certificate signed by an officer who has custody of the force's records, stating that the person was a member of the Canadian Forces as described in section two, it will be considered proof of that fact unless there is evidence to the contrary.

A person who made a will under section two to revoke it while they are still under the age of 19.

NWT WA s.6