Your Will is the hub of your estate planning. It will set out the exact way your money and goods are distributed after your death. It is your way to make your intentions known and to protect your loved ones and charities are taken care of in the manner you choose and reduces the amount of tax due after death.
The “testator” is the person making the will. For the Will to be valid and have full effect, the testator must have in full mental capacity, both when giving the instructions to the attorney and at the time of execution. He or she must be able to understand that they are making a Will, how much property they have, and the claims that might be brought against the estate. All of this must happen without any duress or other influence. That means when another person pressures the testator to agree to something against their will.
The Succession Law Reform Act specifically outlines how the Will is to be signed. The document must be signed by the testator in front of two witnesses. Those witnesses may not be beneficiaries to the estate. The only exceptions are if the entire Will is handwritten (holographic) by the testator and those Wills make by military personnel in very specific circumstances.