Holograph Will Example: Blended Family (Ontario)

Last Will and Testament Holograph Will of James Patrick O'Connor Article 1. Declaration I, James Patrick O'Connor, born on 2 February 1972, residing at 31 Riverside Drive, Ottawa, Ontario K1N 1J6, being of sound mind, declare this to be my last will and testament. I make this will entirely in my own handwriting and sign it myself, as a holograph will under section 6 of the Succession Law Reform Act (Ontario), which requires no witnesses. Article 2. Revocation I revoke all wills and codicils that I have made before this one. Article 3. Family I am married to my second wife, Rebecca Anne O'Connor. I have two children from my first marriage, Daniel O'Connor, born in 2002, and Sophie O'Connor, born in 2004. My wife Rebecca has one child from her previous relationship, Ethan Caldwell, born in 2010, whom I have helped raise but have not adopted. Article 4. Appointment of Estate Trustee I appoint my wife, Rebecca Anne O'Connor, as the estate trustee (executor) of this will. If she is unable or unwilling to act, I appoint my brother, Sean O'Connor, of Mississauga, Ontario. Article 5. Gift to Spouse I give to my wife Rebecca Anne O'Connor my interest in our home at 31 Riverside Drive in Ottawa and the sum of one hundred thousand dollars (CAD 100,000), if she survives me by thirty days. Article 6. Gifts to My Own Children Because gifts in a blended family must be stated clearly, I direct as follows. I give the rest and residue of my estate, after the gifts to my wife, in equal shares to my two children, Daniel O'Connor and Sophie O'Connor. Any share for a child under twenty-five shall be held in trust until that age for that child's care, education and benefit. Article 7. Gift to My Stepson I give the sum of twenty-five thousand dollars (CAD 25,000) to my stepson, Ethan Caldwell, as a token of my care for him. I record that, although I treat Ethan as part of my family, he is not my legal heir and is provided for only by this will. Article 8. Substitute Beneficiaries If either Daniel or Sophie does not survive me by thirty days, that child's share shall pass to his or her own children then living, and failing them, to the surviving child of mine. Article 9. Provision for Dependants Canada has no forced heirship, so I am free to divide my estate between my spouse and my own children as set out above. I am aware that a court may order support out of my estate under Part V of the Succession Law Reform Act for a spouse or a dependant, and that a stepchild whom I had a settled intention to treat as my own may be considered a dependant. I have therefore made provision for Ethan in Article 7. I am satisfied that my wife and all of the children who depend on me are reasonably provided for. Article 10. Funeral Wishes I wish to be cremated, with a small service at Notre Dame Cathedral Basilica in Ottawa. These wishes are a request and are not binding on my estate trustee. This will is entirely written, dated and signed by my own hand at Ottawa, Ontario, on [date]. [Handwritten signature: James Patrick O'Connor] Note: A holograph will is valid in Ontario when it is wholly in the testator's own handwriting and signed by the testator (Succession Law Reform Act, s. 6). In a blended family, name each beneficiary explicitly so that a gift to a spouse does not unintentionally exclude your own children.