Will - Married Person in a Second Marriage (Canada)

Will made by a Married Person with Children from a prior Marriage. Friend or Relative Appointed Executor. Specific Bequests. Residue in Parts to Spouse and to Children of prior Marriage, if they survive him or her.

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Creating a Last Will & Testament is a key part of financial planning, no matter how young or healthy you may be. If you have children, it's essential to plan for their future, and a Will is of the most important legal documents you can create to ensure that they won't be entangled in a lengthy probate process.

This Will is specifically designed for the situation where the testator (the person making the will) is a person currently in their second marriage. The Will first instructs the executor (also known as the trustee), in this case the husband of the testator, to distribute specific property/cash to specified recipients (referred to as a beneficiary) (e.g. daughter will receive family jewelry). All other personal belongings will go to the spouse, if he/she survives the testator. The remainder (referred to as the residue) will then be distributed to named beneficiaries of the testator’s choosing.

This packet includes:
• Information on making a Will,
• Explanations of general terminology,
• Instructions on signing a Will, and
• Will for Married Persons in a Second Marriage

Summary of Will Provisions:
1) Named Executor
2) Specific Bequest
3) Residue in parts to spouse and children of prior marriage, if they survive testator

This form can be used in the following provinces: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Saskatchewan and Yukon.
Number of Pages11
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#29173
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
Will  Second Marriage, Both Spouses have Children from First Marriage, No Children from their Marriage


This is the last will of me, [Your Name], of [Your Municipality (ie. the City of Toronto)], Province of [Your Province (ie. Ontario)].
1.   I revoke all former wills and other testamentary dispositions made by me.
2.   I appoint [Relationship of Executor (ie. my sister)], [Full Name of Executor (ie. Carley Michele Robertson)], to be the Executor and Trustee of this my Will, provided that if he or she shall have predeceased me or shall survive me but die before the trusts hereof shall have terminated or shall be unable or unwilling to act or to continue to act as such Executor and Trustee, then I appoint my [Relationship of Alternate Executor (ie. my brother)], [Full Name of Alternate Executor (ie. Brian Charles Robertson)], to be the Executor and Trustee of this my Will in his or her place and stead. References to “my Trustees” in this my Will shall include each Executor and Trustee of my Will, my estate or any portion thereof who may be acting as such from time to time whether original or substituted and whether one or more.
3.   I give all my property wheresoever situated, including any property over which I may have a general power of appointment, to my Trustees upon the following trusts, namely:
(a)   To deliver to my [Relationship of Person to whom you want to give a bequest (gift) (ie. Sister)], [Name of Person to whom you want to give  the bequest (gift)], if he or she survives me, all my [Description of Bequest (gift) (ie. Gold Watch)].
(b)   To pay to my [Relationship of Person to whom you want to give a monetary bequest (ie. Granddaughter)], [Name of Person to whom you want to give the monetary bequest], if he or she survives me, the sum of [Amount of Monetary Gift (ie. $5,000.00)].
(c)   To pay out of and charge to the capital of my general estate my just debts, funeral and testamentary expenses and all income taxes, estate, inheritance and succession duties or taxes whether imposed by or pursuant to the law of this or any other jurisdiction whatsoever that may be payable in connection with any property passing on my death or in connection with any insurance on my life or any gift or benefit given or conferred by me either during my lifetime or by survivorship or by this my Will or any Codicil hereto and whether such duties or taxes be payable in respect of estates or interests which fall into possession at my death or at any subsequent time; and I hereby authorize my Trustees to defer, commute or prepay any such taxes or duties. This direction shall not extend to or include any such taxes that may be payable by a purchaser or transferee in connection with any property transferred to or acquired by such purchaser or transferee upon or after my death pursuant to any agreement with respect to such property.
(d)   If my , [Name of Husband or Wife], survives me for a period of thirty (30) days, to deliver to  all articles of personal, domestic and household use or ornament belonging to me at my death, including consumable stores, and all automobiles and accessories owned by me.
(e)   To divide the residue of my estate in [No. of equal shares to divide residue into (ie.4)] equal shares and to pay and transfer such shares unto the following persons per stirpes:
(i)   To pay and transfer to my , [Name of Husband or Wife], if he or she survives me, [No. of Shares to be given to Husband or Wife] such equal shares;
(ii)   To pay and transfer to my [Relationship of beneficiary (ie. brother)], [Name of beneficiary], if he or she survives me, [No. of Shares to be given to the beneficiary] such equal shares;
(iii)   To pay and transfer to my [Relationship of beneficiary (ie. sister)], [Name of beneficiary], if he or she survives me,  [No. of Shares to be given to the beneficiary] such equal shares; and
(iv)   To pay and transfer to my [Relationship of beneficiary (ie. friend)], [Name of beneficiary], if he or she survives me, [No. of Shares to be given to the beneficiary] such equal shares.
4.   Except as may be specifically otherwise provided herein, if any person should become entitled to any share in my estate before attaining the age of majority or while under any other disability, the share of such person shall be held and kept invested by my Trustees, and the income and capital or so much thereof as my Trustees shall, in their absolute discretion, consider necessary or advisable shall be used for the benefit of such person until he or she attains the age of majority or is no longer under such disability when such share or the amount thereof remaining shall be paid or transferred to him or her, or should such person die before attaining the age of majority or while subject to such disability, to his or her legal personal representatives.
5.   I authorize my Trustees to make any payments for any person under the age of majority or who is otherwise under a legal disability to a parent, guardian or committee of such person or to any other person my Trustees may consider to be a proper recipient therefor whose receipt shall be a sufficient discharge to my Trustees.
6.   I authorize my Trustees to use their discretion in the realization of my estate, with power to sell, call in and convert into money any part of my estate not consisting of money at such time or times, in such manner and upon such terms, and either for cash or credit or for part cash and part credit as they may in their absolute discretion decide upon, or to postpone such conversion of my estate or any part or parts thereof for such length of time as they may think best. My Trustees shall have a separate and substantive power to retain any of my investments or assets in the form existing at the date of my death at their absolute discretion without responsibility for loss to the intent that investments or assets so retained shall be deemed to be authorized investments for all purposes of this my Will. No reversionary or future interest shall be sold prior to falling into possession and no such interest not actually producing income shall be treated as producing income.
7.   My trustees may make any division of my real or personal estate or set aside or pay any share or interest therein either wholly or in part in the assets forming my estate at the time of my death or at the time of such division, setting aside or payment, and I expressly will and declare that my Trustees shall in their absolute discretion fix the value of my estate or any part thereof for the purpose of making any such division, setting aside or payment and the decision of my Trustees shall be final and binding upon all persons concerned, notwithstanding any fluctuation in market value and notwithstanding that one or more of my Trustees may be beneficially interested in the property or any part thereof so valued.
8.   I authorize my Trustees to make or refrain from making, in their absolute discretion, any elections, determinations, and designations permitted by any statute or regulation enacted by the Parliament or government of Canada, by the legislature or government of any province of Canada, or by any other legislative or governmental body of any other country, province, state or territory, and such exercise of discretion by my Trustees shall be conclusive and binding upon all the beneficiaries hereof. My Trustees shall not be liable to any person, whether beneficiary or otherwise, by reason of any loss, claim, tax or other cost experienced by any such person or by my estate resulting from any election, determination, designation or exercise of discretion, entered into by my Trustees in good faith.
9.   I authorize my Trustees to sell, partition, exchange or otherwise dispose of the whole or any part of my real property in such manner at such time and upon such terms as to credit or otherwise as they in their discretion consider advisable, with power to accept purchase money mortgage or mortgages for any part of the purchase or exchange price. My Trustees shall also have the power to mortgage, lease for any term the real or leasehold property forming part of my estate, subject to such covenants and conditions as they shall think fit, to accept surrenders of leases and tenancies, to expend money in repairs, alterations, rebuilding and improvements and generally to manage any such property. My Trustees shall also have the right to renew and keep renewed any mortgage or mortgages upon any real estate forming part of my estate or any part thereof, to borrow money on any such real estate upon the security of any mortgage or mortgages and to pay off any mortgage or mortgages which may be in existence at any time forming part of my estate. I also give to my Trustees power to execute and deliver such deeds, mortgages, leases or other instruments as may be necessary to effect such a sale, mortgage, lease or other disposition. The power of sale herein is discretionary and not mandatory.
10.   My Trustees shall be fully protected in exercising any discretion granted to them in this my Will and shall not be liable to the beneficiaries or their heirs or personal representatives by reason of the exercise of such discretion. My Trustees shall exercise the powers, authority and discretion given to them in what they deem to be the best interest, whether monetary or otherwise, of the beneficiaries, whether or not such exercise may have the effect of conferring an advantage on any one or more of the beneficiaries or would otherwise, but for the foregoing, be considered as being other than an impartial exercise of their duties hereunder or as not being maintenance of an even hand among the beneficiaries and all such exercise of their powers, authority and discretion shall be binding upon all of the beneficiaries and shall not be subject to any question or review, by any person, official, authority, court or tribunal whatsoever or whomsoever.
11.   I authorize and empower my Trustees to compromise, settle, waive or pay any claim or claims at any time owing by my estate or which my estate may have against others for such consideration or no consideration and upon such terms and conditions as my Trustees may deem advisable and to refer to arbitration all such claims if my Trustees deem same advisable.
12.   I declare that no gift, or the income therefrom, under this my Will shall be assigned or anticipated, or fall into any community of property, partnership or other form of sharing or division of property which may exist between any beneficiary and his or her spouse, and every gift together with the income therefrom shall remain the separate property of a beneficiary hereunder, free from all matrimonial rights or controls by his or her spouse.
IN WITNESS WHEREOF I have to this my Last Will and Testament, written upon this and [Number of Pages Preceding the Last Page of the Will (ie. 3)] preceding pages, subscribed my name on [Date of Signing Will (ie. January 25, 2007)].
SIGNED by the testator, [Your Full Name], as  last Will, in the presence of us, both present at the same time, who at  request, in  presence and in the presence of each other have hereunto subscribed our names as witnesses.
Witness Signature
Witness Signature
Witness Name
Witness Name
Witness Address
Witness Address
Witness Occupation
Witness Occupation

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