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