Holograph Will

Holograph Will Example: Married with Children (Alberta)

Holograph will example valid under Alberta's Wills and Succession Act s. 16: residue to the spouse, children as alternates with a trust to age 25, specific gifts, and a guardian for minor children.

Form inputs for Get aWill

Province
Alberta (Wills and Succession Act, s. 16)
Marital status
Married to Sarah Louise Brennan
Style
Formal
Children
Olivia (2008), Nathan (2011), Lily (2016)
Real property
Family home at 56 Mahogany Terrace SE, Calgary, Alberta
Estate trustee (executor)
Wife Sarah Louise Brennan; alternate brother Michael Brennan
Gift to spouse
Entire residue to wife if she survives by 30 days
Gift to children
Equal shares as alternates, held in trust until age 25
Specific gifts
Pocket watch to Nathan, library to Olivia, wedding band to Lily
Guardian of minor children
Sister Karen Brennan-Walsh, Red Deer, Alberta
Dependants' relief
No forced heirship; family reasonably provided for (WSA)
Funeral wishes
Burial at Queen's Park Cemetery, Calgary
Generated draft

Draft will

Last Will and Testament Holograph Will of Thomas Robert Brennan Article 1. Declaration I, Thomas Robert Brennan, born on 19 August 1978, residing at 56 Mahogany Terrace SE, Calgary, Alberta T3M 2N4, 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 16 of the Wills and Succession Act (Alberta), 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 Sarah Louise Brennan. We have three children: Olivia Brennan, born in 2008, Nathan Brennan, born in 2011, and Lily Brennan, born in 2016. Article 4. Appointment of Estate Trustee I appoint my wife, Sarah Louise Brennan, as the estate trustee (executor) of this will. If she is unable or unwilling to act, I appoint my brother, Michael Brennan, of Edmonton, Alberta. Article 5. Gift to Spouse I give all the rest and residue of my estate, including my interest in our family home at 56 Mahogany Terrace SE in Calgary, our vehicles, and all bank and investment accounts, to my wife Sarah Louise Brennan absolutely, if she survives me by thirty days. Article 6. Gift to Children If my wife Sarah does not survive me by thirty days, I give my entire estate to my three children, Olivia, Nathan and Lily, in equal shares. Any share for a child who has not yet reached twenty-five years of age shall be held in trust until that age, with my estate trustee authorized to use income and capital for that child's care, education and benefit. Article 7. Specific Gifts I give my grandfather's pocket watch to my son Nathan, my library to my daughter Olivia, and my late father's wedding band to my daughter Lily. Article 8. Guardian of Minor Children If my wife Sarah and I both die while any of our children is a minor, I appoint my sister, Karen Brennan-Walsh, of Red Deer, Alberta, as the guardian of our minor children. Article 9. Provision for Dependants Canada has no forced heirship. I have nonetheless ensured that my wife and our children, who depend on me, are reasonably and adequately provided for by this will. I am aware that a court may order maintenance and support out of my estate for a family member under the Wills and Succession Act if adequate provision is not made. Article 10. Funeral Wishes I wish to be buried at Queen's Park Cemetery in Calgary. 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 Calgary, Alberta, on [date]. [Handwritten signature: Thomas Robert Brennan] Note: A holograph will is valid in Alberta when it is wholly in the testator's own handwriting and signed by the testator (Wills and Succession Act, s. 16). It must not be typed or printed.

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