Rules for valid will execution

(a) What are the formalities for the proper execution of a will in Nova Scotia?

Although the Supreme Court and the Probate Court have a discretionary power to recognize a “writing” as a valid will if satisfied that it embodies “the testamentary intentions of the deceased” even though it neither meets the statutory formalities of execution nor is in holograph form, the power has been interpreted cautiously and restricted to situations where there is strong evidence that the document expresses the fixed and final intent of the deceased as to the disposition of his or her estate. Wills Act, RSNS 1989, c 505 (the “NS Wills Act”), s 8A.

(b) How many witnesses are required?

The Will must be signed by the testator (or by some other person at the testator’s request and in his presence) at the end, and attested by two witnesses, all three being present in the same place at the same time. S. 6(1).

(c) Can a will be executed virtually and if so, what are the rules?

No.

(d) Is a holograph will permitted in Nova Scotia and if so, what are the rules?

Summary

Holograph wills are permitted in Nova Scotia, and are valid where signed by the testator and written wholly in the testator’s handwriting.

Discussion

The two requirements for a valid holograph will are set out at s. 6(2) of the NS Wills Act, under the heading Formalities of execution: “Notwithstanding subsection (1) [regarding formal validity], a will is valid if it is wholly in the testator’s own handwriting and it is signed by the testator.”