Writing a will in the Northwest Territories: the two-witness formal will, the holograph will, the under-19 exceptions, and marriage revocation.
Applies in: Northwest Territories
In the Northwest Territories, a will is valid when it is in writing, signed at the very end, and signed or acknowledged before two witnesses who are both present at the same time — or when it is a holograph will, written entirely in your own handwriting and signed, with no witnesses at all. The governing law is the Wills Act, R.S.N.W.T. 1988, c. W-5, and the age of majority is 19.
This guide is process only. It walks the Northwest Territories' own execution and witness rules, as the territorial Justice questions-and-answers document states them. It gives no legal advice, and it does not advise you on what to leave to whom, who should be executor, or whether your situation needs a lawyer. For a complex estate, property in more than one province or territory, a business, children from an earlier relationship, or any doubt about capacity or wording, see a lawyer before signing. This guide does not re-summarize the national will guide: every rule below is the territory's own.
Anyone over the age of majority who is mentally competent can make a will. In the Northwest Territories, the age of majority is 19. A person under 19 can also make a will if the person is a member of the Canadian Forces or of the Royal Canadian Mounted Police, is a mariner or sailor, or is or has been married.
The requirements, from the Northwest Territories Justice Questions and Answers About Wills in the Northwest Territories, are:
The document recommends, rather than states as a statutory rule, that the will should be dated, that there should be one original only, and that the maker and witnesses initial each page.
The Northwest Territories recognises holograph wills. There are two exceptions to the requirements of a valid will, and the first is the holograph will: a will written entirely in the handwriting of the deceased and signed by the deceased. A holograph will is valid in the Northwest Territories even though the witness requirements are not met. Section 5(2) of the Wills Act is the provision, and the Supreme Court confirmed it in Re Piche Estate in 1993, where the will was completely handwritten and satisfactory evidence established that it was the deceased's handwriting.
Will forms purchased from a stationery store are not holograph wills, because they are partly in print and only partly in the handwriting of the maker. A holograph will is not a shortcut for a complex estate. Handwriting, clarity, and proof of handwriting can become issues later, so treat it as an emergency form, not a plan, unless a lawyer advises otherwise.
A beneficiary under the will, or a beneficiary's spouse, must never be one of the two witnesses, because that invalidates any gift to them contained in the will. Use two witnesses who inherit nothing under the will, who are present at the same time, and who sign in the maker's presence and in each other's presence.
A will is automatically revoked where the maker of the will marries after making the will, even if the beneficiary under the will is the spouse. This result can be avoided where the will specifically states that it is made in contemplation of that particular marriage. Review the will after marriage, and make a new one if the old one has been revoked.
The wills of status Indians who live on reserves or on land set aside for Indians have different requirements, found in sections 42 to 47 of the federal Indian Act. The Minister of Indian Affairs must approve the will. That is the second exception in the Northwest Territories Justice document, alongside the holograph will.
No minimum age for witnesses is stated in the opened Northwest Territories questions-and-answers document. It gives 19 only for the testator, so this guide states no witness age. No exception to the witness-benefit rule is stated, and no statement is made that the will itself survives a witness-benefit gift failing. No date requirement is stated for a holograph will. No statement is made on the opened pages about remote or video witnessing, or about electronic wills. The questions-and-answers document itself states on its face that it is for information only and is not an official statement of the law, and the direct Government of the Northwest Territories page for it could not be re-opened at build time because the site rate-limited the request, so the document was read through the search-returned copy.
Anyone over the age of majority who is mentally competent can make a will. In the Northwest Territories, the age of majority is 19. A person under 19 can also make a will if they are a member of the Canadian Forces or of the Royal Canadian Mounted Police, a mariner or sailor, or is or has been married.
Two, both in the room at the same time. You sign or acknowledge the will while both witnesses watch, then both witnesses sign it while you and each other watch. That means three people in the room at once: you and two witnesses.
Yes. A holograph will is a will written entirely in the handwriting of the deceased and signed by the deceased, and it is valid in the Northwest Territories even though the witness requirements are not met. Section 5(2) of the Wills Act is the provision. The Supreme Court confirmed this in Re Piche Estate in 1993, for a will that was completely handwritten with satisfactory evidence of the deceased's handwriting. Will forms bought from a stationery store are not holograph wills, because they are partly in print and only partly in the handwriting of the maker.
Do not use a beneficiary as a witness. A beneficiary under the will, or a beneficiary's spouse, must never be one of the two witnesses, because that invalidates any gift to them contained in the will. Use two witnesses who inherit nothing under the will.
Yes. A will is automatically revoked where the maker marries after making the will, even if the beneficiary under the will is the spouse. This can be avoided where the will specifically states that it is made in contemplation of that particular marriage. Review the will after marriage, and make a new one if the old one has been revoked.
No. The wills of status Indians who live on reserves or on land set aside for Indians have different requirements, found in sections 42 to 47 of the federal Indian Act. The Minister of Indian Affairs must approve the will. That is the second exception in the Northwest Territories Justice questions-and-answers document, alongside the holograph will.