Frequently Asked Questions on Wills and Estates

Back

Page: 1 2

Q: What is a will?

A will is a written disposition or declaration by which the person making it (the testator) provides for the distribution or administration of his real and personal property after his death.

Please visit our Wills and Estates page or Contact Us now to learn more.

Q: What is the purpose of appointing an Executor in a will?

An executor is the person to whom the execution of a will, that is the carrying of its provisions into effect is confided by the testator. The executor's duties include the burial of the deceased, applying to the Court to prove the Will and obtaining the Grant of Probate, administering the estate and distributing the residue of the deceased's real property and personal property to those persons entitled under the will.

Please visit our Wills and Estates page or Contact Us now to learn more.

Q: What is 'real property'?

Real property is land and anything growing on, attached to or erected on it, excluding anything that may be severed without injury to the land.

Please visit our Wills and Estates page or Contact Us now to learn more.

Q: What is 'personal property'?

Personal property is everything except real property. Property that can be seen, weighed, measured, felt or touched or is in anyway perceptible, e.g. furniture, fixtures and fittings, books, clothing, bank accounts, insurance policies, company shares, motor vehicles, boats, golf carts, heavy duty equipment, tools, etc.

Please visit our Wills and Estates page or Contact Us now to learn more.

Q: What is a 'devise'?

A devise is a gift of land or other real property in a will given either as a specific gift or a residuary gift.

Please visit our Wills and Estates page or Contact Us now to learn more.

Q: What is 'a legacy' in a will?

A legacy is a gift of personal property by a Will. The person to whom the property is given is called "a legatee."

Please visit our Wills and Estates page or Contact Us now to learn more.

Q: What is a 'bequest'?

The gift of personal property is known as a bequest.

Please visit our Wills and Estates page or Contact Us now to learn more.

Q: What is a 'Mutual Will'?

A Mutual Will is one of two separate wills in which two persons, usually a husband and a wife, establishes identical or similar testamentary provisions disposing of their estates in favour of each other.

Please visit our Wills and Estates page or Contact Us now to learn more.

Q: What is a 'Pre-nuptial' Will?

A pre-nuptial will is executed before marriage and is not revoked by the subsequent marriage.

Please visit our Wills and Estates page or Contact Us now to learn more.

Q: What is a 'Holographic' Will?

A Holographic Will is a testamentary declaration or disposition written by the testator in his own handwriting and it is typically unattested.

Please visit our Wills and Estates page or Contact Us now to learn more.

Back

Page: 1 2