military wills

[gun plumber]

Are military issued wills legally binding on civy street if you are killed during non-duty hours?

 

[Roy Harding]

Short answer - yes.

Longer answer - the military will is designed for the young soldier who is leaving his entire estate to Mom.  If your life is in ANY way more complicated than your chequing account and your CD collection (IE - do you have a car you want your best friend to have?  Real Estate of ANY type?), then do yourself a favour and get a civilian will drawn up (this can be done by a Lawyer, most Trust companies offer this service for free - if you appoint them executor, some Co-Ops offer this service, the list goes on).

If you are married, or have children then I STRONGLY recommend the above.

As I stated earlier - the CF Will is designed for the young single soldier fresh out of Mom and Dad's house who has not had time to build any real wealth.

 

[Springroll]

Hubby said that his will is a legally binding regardless of being on or off duty as long as he is still a service member.

As it stands now, his will has me in charge of everything and to get everything, so it is pretty basic.
We have three kids, a house, 2 vehicles etc.

He also suggest that if your will is to be more indepth than ours, than go get a lawyer and do it up that way.
My will has specific things going to specific people, like my jewellery to my daughter etc, but my military one will have everything go to hubby and he will doprt through it from there, as I have requested.

 

[Pea]

I am not an expert by any means on wills. But, I do believe that you can only have one will. (in Alberta at least) In College I took a few law classes and they taught me that the newest will you make revokes all other wills. (Hence the line "I revoke all wills, codicils and testamentary dispositions of every nature or kind whatsoever previously made by me") This is coming from a civi will though, that I have prepared for many many clients over the past few months.

I do not have much knowledge on the military will, but I do believe it was designed for those who do not already have a civi will done up, and don't have much to leave behind. (or their situation is really simple)

I would suggest that if you have any sort of wealth, belongings, or are in a not so simple situation, that you prepare a civi will. It's easy to make a will yourself, as long as you know the rules to make it legally binding, and the aspects that should be covered. But, if you don't have this knowledge, just go see a lawyer so you know it will be legal and cover everything.

Of course, just my opinion..not an expertise.

 

[Springroll]

If you need some help with preparing a civilian will, msg me and I will help you out with having one drawn up for cheap..like the costs of having it notarized.

 

[Pea]

I know in Alberta you don't have to get your will notarized. In order for it to be legally binding you need to:

A) If it is typewritten, then you need to have two people witness your signature, and sign as witnesses, as well as you signing. All 3 of you need to initial the bottom right corner of each page as well. Also, the witnesses should not be a beneficiary in the will, or their "gift" is void.

or

B) If it is handwritten, then it just has to be entirely in your handwriting, and have your signature on it. (initial each page as well)

I would strongly suggest option A. It is legal to do a handwritten will, but sometimes their are issues about whether or not it is really your handwriting (come time to use the will), or if maybe you were forced into writing the will, because there are no witnesses.


But, this is as far as I know, and it could be different in other Provinces.

 

[Strike]

Option B is called a Holographic will.  It is legally binding and has been proven several times in court.  If any of you were listening to the call in show on CBC today you would have heard about the will a bush pilot scrawled onto the nose cone of his plane after crashing.  It was found to be legally binding in court.

 

[Pea]

Yah I know it's called a Holographic Will. Thanks for adding that though, I didn't realize I had left that out.  ;D

Yes it is legally binding, all I was saying is that if it is possible, I would use option A, so that there are not any little problems like trouble understanding handwriting, or things like that.

But yes, it is legal.

 

[Roy Harding]

Hubby said that his will is a legally binding regardless of being on or off duty as long as he is still a service member.

As it stands now, his will has me in charge of everything and to get everything, so it is pretty basic.
We have three kids, a house, 2 vehicles etc.

He also suggest that if your will is to be more indepth than ours, than go get a lawyer and do it up that way.
My will has specific things going to specific people, like my jewellery to my daughter etc, but my military one will have everything go to hubby and he will doprt through it from there, as I have requested.

Based on past experience (my wife and I have raised three sons to man high - last one will be graduating University and leaving home next year), I suggest you speak to an expert on estate planning and wills.  Although you have left everything to him, and he has left everything to you, what happens to the kids when you BOTH die in a car crash??  IE - who takes care of them, what financial resources will you leave to those guardians, what trusts will you set up for the kids future expenses (university, etc)??

Once you realize that something could happen to BOTH of you, you begin to see the need for some deeper financial planning.

On the PLUS side - once the kids are grown, life (including wills) becomes simple again!! (Although my parents warn me that Grandparenthood brings it's own set of considerations!)

 

[Springroll]

Being the way I am, we havealready made all those arrangments and ensured that the children are well cared for.
Those things have been printed off, signed and given to several family members so that there is no dispute...and they all agree with our choices. Both of us have life insurance policies through the military and privately and have documented how the finances were to be spent depending on the children's age at our passing(ex. young kids with basic ADL / young adults in university / they have families of their own etc.)

I agree with you though. Not many people really think about those things, you know, the "bad" things and forget about something as simple as who will care for the children and the finances along with it.

 

[gun plumber]

Thank you for all the input.
Even though my last requests are pretty simple,with my wife being sole benefactor of my estate,a good point was brought up about the children.I'm thinking of going to a lawyer or SISIP(does anyone know if they offer this service?)and drawing up a proper will.
again,thanks for your input.

 

[Springroll]

Thank you for all the input.
Even though my last requests are pretty simple,with my wife being sole benefactor of my estate,a good point was brought up about the children.I'm thinking of going to a lawyer or SISIP(does anyone know if they offer this service?)and drawing up a proper will.
again,thanks for your input.

I'm not sure if sisip does, but I know there are some lawyers out there that will draw one up at a discounted price because you are in the CF...at least there are a couple in Victoria.

An even cheaper way if find a good will guide on the internet and then take it into a notary...it will still be legally binding.

 

[Pearson]

Canadian wills act

http://www.qp.gov.bc.ca/statreg/stat/W/96489_01.htm#section5

Military forces and mariners
5 (1) A member of the Canadian Forces while placed on active service under the National Defence Act, or member of the naval, land or air force of any member of the British Commonwealth of Nations or any ally of Canada while on active service, or a mariner or seaman at sea or in the course of a voyage may, regardless of his or her age, dispose of his or her real and personal estate by will in writing, signed by the testator at its end or by some other person in the presence of and by the direction of the testator.

(2) If the will is signed by the testator, there is no necessity for the presence, attestation or subscription of any witness.

(3) If the will is signed by another person, the signature of that other person must be attested by the signature of at least one person, who must attest in the presence of the testator and of that other person.

 

[Cloud Cover]

Being the way I am, we havealready made all those arrangments and ensured that the children are well cared for.
Those things have been printed off, signed and given to several family members so that there is no dispute...and they all agree with our choices. Both of us have life insurance policies through the military and privately and have documented how the finances were to be spent depending on the children's age at our passing(ex. young kids with basic ADL / young adults in university / they have families of their own etc.)

I agree with you though. Not many people really think about those things, you know, the "bad" things and forget about something as simple as who will care for the children and the finances along with it.

I think you better see an estates lawyer, and I would advise you keep the contents of your will private. You may have just voided your insurance policy by disclosing certain elements of your will. Additionally, if all the beneficiaries in your will get together once they are sui juris they can apply to have the trust accounts wound up and the proceeds distributed.[assuming you and your hsuband are deceased.]

 

[Cloud Cover]

Canadian wills act

http://www.qp.gov.bc.ca/statreg/stat/W/96489_01.htm#section5

Military forces and mariners
5 (1) A member of the Canadian Forces while placed on active service under the National Defence Act, or member of the naval, land or air force of any member of the British Commonwealth of Nations or any ally of Canada while on active service, or a mariner or seaman at sea or in the course of a voyage may, regardless of his or her age, dispose of his or her real and personal estate by will in writing, signed by the testator at its end or by some other person in the presence of and by the direction of the testator.

(2) If the will is signed by the testator, there is no necessity for the presence, attestation or subscription of any witness.

(3) If the will is signed by another person, the signature of that other person must be attested by the signature of at least one person, who must attest in the presence of the testator and of that other person.

There is no such thing as the Canadian Wills Act. You have just quoted a portion of the Wills Act, RSBC [Revised Statutes of British Columbia]. It applies only to wills governed by the laws of British Columbia.

 

[Pea]

There is no such thing as the Canadian Wills Act. You have just quoted a portion of the Wills Act, RSBC [Revised Statutes of British Columbia]. It applies only to wills governed by the laws of British Columbia.

You beat me to it. I was just going to point that out. Provinces have their own legislation on it.

 

[Cloud Cover]

Thank you for all the input.
Even though my last requests are pretty simple,with my wife being sole benefactor of my estate,a good point was brought up about the children.I'm thinking of going to a lawyer or SISIP(does anyone know if they offer this service?)and drawing up a proper will.
again,thanks for your input.

Yes, go to a lawyer. Not a parlegal, not the Canadian Wills Kit, not "my friend who can hook you up" etc. Spend the 300 bucks and get it done properly, by an insured lawyer who is an expert in these matters. These types of lawyers are known varioulsy as Trust and/or Estates lawyers, or wealth management lawyers. Do not use a lawyer who is not a specialist in this area. There is much more to planning than wills- for example, what if you become incapacitated and cannot make any decisions for yourself? Power of attorney for property management, power of attorney for personal care etc.

Go to a lawyer. Full stop.