Will - Common Law Spouse with Children (Canada)

Will made by a person living with a common law spouse with children.

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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. It's essential to plan for the future of your survivors, and a Will is the most important legal document 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) has a common law spouse who will be designated as the executor/trustee of the testator’s estate. The Will first instructs the executor to distribute specific property to specified recipients (also known as the beneficiaries) (e.g. daughter will receive family jewelry). The remainder, after the testator’s debts are paid off, (referred to as the residue) will then be passed on to the common law spouse is she survives the testator, otherwise it will be distributed to the testator’s children equally. This Will also provides that if a beneficiary is not yet the age of majority, the executor (trustee) will hold and invest the money in trust for the beneficiary until he/she reaches the age of majority.

This packet includes:
• Information on making a Will,
• Explanations of general terminology,
• Instructions on signing a Will, and
• Will for person with a common law spouse and children

Summary of Will Provisions:
1) Common Law Spouse as Executor
2) Specific Bequests
2) Residue to spouse if spouse survives testator, if not to testator's children equally

This form can be used in the following provinces and territories: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Saskatchewan and Yukon.
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  Common Law Spouse with Children

 

 
 
1.  Making a Will
 
What is a Will?
A will is a written document by which you determine how you wish to settle your property and belongings when you die. If you don't have a will, there are legal rules that determine how our property is dealt with on your death. With a will, you choose.
 
Who Can Make a Will?
Anyone over the age of majority can make a will. Check the laws of your State to determine what age that is. When you make a will, the law says that you must be of "sound mind". Sound mind means that you are not suffering from a mental illness that prevents you from knowing what you are doing.
 
Formalities
A will should generally be typed and signed in front of two witnesses. The two witnesses must also sign the will, saying that they watched you sign it. The witnesses cannot be people who may receive something from your estate when you die.
 
Who Gets What?
You are free to give your property and belongings to whoever you want. However, if you have any dependants, like a spouse and your children, they have a right to go to court and request part of your estate if you do not adequately provide for them.
 
Guardian of your Children
You should appoint a guardian or guardians of your children in case both you and your spouse or partner both die. Although the court is free to override your decision, it will be a factor which the court will look at when determining who to appoint as the legal guardian of your children.
 
Spousal Wills
Often, spouses will have similar wills, since they have common intentions relating to their property. Although the wills may be similar, they are not made in one document. Each spouse should have his or her own will. A spouse can change his or her will at any time without interference.
 
Changing a Will
You can change your will at any time. It is a good idea to review your will every few years or when your circumstances change to make sure that it is still appropriate and reflects your intentions.
 
Marriage revokes a will unless it made with marriage in mind. Also, if you get divorced, you should review your will to make sure that it is still accurate and says what you want it to.
 
Related Issues
A will takes effect only when you die. If you wish to give someone else the right to deal with your property or belongings before you die, such as in the event that you suffer a mental incapacity, then you should have an appropriate power of attorney drawn up.
 
Similarly, if you want to give someone else the right to make decisions affecting the medical care you receive in the event that you become mentally incapacitated, you should draw up a “living will”.
 
Tips on Making a Will
Make a list of all your assets such as your bank accounts, retirement savings plans, investments, life insurance policies, home, car, personal items of value, etc. Make a list of your family -names, ages and relationship to you.
 
Think about to whom you want to give your property. You can be as general or as specific as you wish. For example, you can give certain items to certain people; or you can divide everything equally among a group of people (i.e. your children); or you can divide everything into shares and give a different number of shares to different people. With spouses, they often give everything to the other spouse, but if the spouse predeceases them, then everything is divided equally among his or her children.
 
Think about who you want to name as an executor and guardian.
 
Terminology
 
Alternate Executor:    An alternate executor is someone who would act as executor only if the named executors were unable or unwilling to act.
Annuity:    A periodic amount of money paid from or gift under a will over a specified period of time (or for life).
Bequest:    A gift (other than real estate) under a will.
Beneficiary:    A person or entity who is entitled to receive all or part of an estate under a will.
Devise:    A gift of real estate under a will.
Devisee:    A person or entity who is entitled to receive all or part of real estate under a will.
Estate:    All of the property and assets owned by someone when they die.
Executor:    The person or persons you name to settle your affairs, who will be handling all aspects of the administration of your estate, including financial matters. You only need one executor, but you can appoint as many as you wish. Typically, with married couples, they would appoint one another as executors.
Gift:    A transfer of property (including money) to another person or entity under a will.
Gift Over:    An alternate recipient of a gift under a will in the event that the primary recipient does not survive the Testator of the will.
Guardian:    The person you wish to look after your children if both you and their other parent dies. They can be the same person(s) as your executor(s).
Holographic Will:    An entirely handwritten will, dated and signed by the Testator, but not signed by required witnesses. Not valid in all States.
Issue:    One or more lineal descendants of someone.
Lapse:    A gift in a will which fails to occur, usually because the beneficiary of the gift predeceases the Testator.
Legacy:    A gift of property by will.
Legatee:    A person or entity which is entitled to receive a monetary gift from the estate of a will.
Life Estate:    A right to use or occupy property for one's life.
Living Will:    A document by which you appoint one or more persons the right to make decisions affecting your health and the quality of treatment you receive, if you are unable to make such decisions for yourself. This can be a general document by which you give complete discretion to the person(s) you appoint, or it can be for specific purposes such as refusing artificial means of sustaining your life.
Per Stirpes:    By representation. To describe a distribution of property in a will when a beneficiary dies before the testator. If the words "per stirpes" are used, then a gift made in a will to someone who predeceases the Testator will be made instead to the children of such person equally. If the words are not used, then the gift will lapse and form part of the residue of the estate.
Power of Attorney:    A document you sign which gives another person or persons the right to make decisions affecting your property and assets while you are alive. For example, a Power of Attorney would allow the person you appoint to manage your finances in the event that you suffer a mental incapacity. Please note that a Power of Attorney terminates on your death.
Predecease:    To die before.
Probate:    The legal process by which a court sanctions a will. It is not mandatory, but may be required before many institutions will give effect to the intention of the will.
Remainder:    The interest in real property (real estate) that is left after another interest in the property ends, (i.e. full title after a life estate).
Residue:    The balance remaining of an estate after all specific gifts, bequests and grants are made.
Spouse:    A marriage partner; a husband or wife.
Testator:    A male person making a will.
Testatrix:    A female person making a will.
Trustee:    The person you name to deal with your property. This is often the same person as the Trustee.
 
 
   Instructions on Signing Your Will
 
 
1.   Read your will carefully to ensure that it accurately reflects your intentions.
 
2.   The will must be signed by you in the presence of two independent witnesses.  The witnesses cannot be:
 
(a)   persons who are or may become entitled to receive any benefit under, or interest in, your will (ie. your beneficiaries);
(b)   your spouse;
(c)   your executor.
 
3.   Once your witnesses are present, sign the will on the last page where indicated and make sure that the correct date appears on the will above your signature. All other pages of the will (excluding the last page) must be initialed by you in the bottom right hand corner of each page.
 
4.   Each witness must sign the last page of the will where indicated, then they must print their full names, addresses and occupations. Each witness must also initial each other page of the will (excluding the last page) in the bottom right hand corner of each page beside your initials.
 
1.  
 
Last Will and Testament
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. To be or not to be, that is the question.
2.   I appoint my common-law spouse, [Full Name of Common Law Spouse (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 situate, 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 common law spouse, [Name of Common Law Spouse], survives me for a period of thirty (30) days, to pay, transfer and assign the residue of my estate to her for her own use absolutely.
(e)   If my common law spouse, [Name of Common Law Spouse], predeceases me or survives me but dies within a period of thirty (30) days of the date of my death, to divide the residue of my estate in equal shares per stirpes among my issue living at the death of the survivor of my common law spouse and me; provided that the share of any child of mine who shall then be living but who shall not have attained the age of twenty-one (21) years shall be set aside and my Trustees shall keep such share invested and, subject as is hereinafter provided, may from time to time until such child becomes absolutely entitled to all the capital of such share pay to or apply for the benefit of such child the whole or such part of the net income derived from such share or from the part thereof from time to time remaining in trust and such part or parts of the capital thereof as my Trustees in their absolute discretion deem advisable. If in any year that my Trustees hold such share or any part thereof any portion of the said net income is not paid to or applied for the benefit of such child such portion shall be accumulated by my Trustees and added to the capital of such share and be dealt with as part thereof; provided that after the expiration of the maximum period permitted by law for the accumulation of income hereunder, if my Trustees are then holding such share or any part thereof, they shall thereafter pay to or apply for the benefit of such child the whole of the net income derived from such share. If such child should die before receiving the whole of his or her share, such share or the amount thereof then remaining shall be divided among the issue of such child who survive him or her in equal shares per stirpes or, if such child should leave no issue him or her surviving, among my issue who shall be living at the death of such child in equal shares per stirpes.
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.   In the event that my common law spouse, [Name of Common Law Spouse], predeceases me and if I die before any child of mine has attained the age of majority I appoint my [Relationship(s) of Guardian(s) of my Children (ie. my sister and brother-in-law)], [Name(s) of Guardian(s) of my Children], to have custody of such child and act as the guardian of the property of such child. It is my wish that before the expiration of ninety (90) days from the date of my death, [Name(s) of Guardian(s) of my Children] apply to have custody of such child and act as the guardian of the property of such child pursuant to the provisions of applicable legislation.
13.   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. 4)] 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
 
Number of Pages11
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#29136
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  Common Law Spouse with Children

 

 
 
1.  Making a Will
 
What is a Will?
A will is a written document by which you determine how you wish to settle your property and belongings when you die. If you don't have a will, there are legal rules that determine how our property is dealt with on your death. With a will, you choose.
 
Who Can Make a Will?
Anyone over the age of majority can make a will. Check the laws of your State to determine what age that is. When you make a will, the law says that you must be of "sound mind". Sound mind means that you are not suffering from a mental illness that prevents you from knowing what you are doing.
 
Formalities
A will should generally be typed and signed in front of two witnesses. The two witnesses must also sign the will, saying that they watched you sign it. The witnesses cannot be people who may receive something from your estate when you die.
 
Who Gets What?
You are free to give your property and belongings to whoever you want. However, if you have any dependants, like a spouse and your children, they have a right to go to court and request part of your estate if you do not adequately provide for them.
 
Guardian of your Children
You should appoint a guardian or guardians of your children in case both you and your spouse or partner both die. Although the court is free to override your decision, it will be a factor which the court will look at when determining who to appoint as the legal guardian of your children.
 
Spousal Wills
Often, spouses will have similar wills, since they have common intentions relating to their property. Although the wills may be similar, they are not made in one document. Each spouse should have his or her own will. A spouse can change his or her will at any time without interference.
 
Changing a Will
You can change your will at any time. It is a good idea to review your will every few years or when your circumstances change to make sure that it is still appropriate and reflects your intentions.
 
Marriage revokes a will unless it made with marriage in mind. Also, if you get divorced, you should review your will to make sure that it is still accurate and says what you want it to.
 
Related Issues
A will takes effect only when you die. If you wish to give someone else the right to deal with your property or belongings before you die, such as in the event that you suffer a mental incapacity, then you should have an appropriate power of attorney drawn up.
 
Similarly, if you want to give someone else the right to make decisions affecting the medical care you receive in the event that you become mentally incapacitated, you should draw up a “living will”.
 
Tips on Making a Will
Make a list of all your assets such as your bank accounts, retirement savings plans, investments, life insurance policies, home, car, personal items of value, etc. Make a list of your family -names, ages and relationship to you.
 
Think about to whom you want to give your property. You can be as general or as specific as you wish. For example, you can give certain items to certain people; or you can divide everything equally among a group of people (i.e. your children); or you can divide everything into shares and give a different number of shares to different people. With spouses, they often give everything to the other spouse, but if the spouse predeceases them, then everything is divided equally among his or her children.
 
Think about who you want to name as an executor and guardian.
 
Terminology
 
Alternate Executor:    An alternate executor is someone who would act as executor only if the named executors were unable or unwilling to act.
Annuity:    A periodic amount of money paid from or gift under a will over a specified period of time (or for life).
Bequest:    A gift (other than real estate) under a will.
Beneficiary:    A person or entity who is entitled to receive all or part of an estate under a will.
Devise:    A gift of real estate under a will.
Devisee:    A person or entity who is entitled to receive all or part of real estate under a will.
Estate:    All of the property and assets owned by someone when they die.
Executor:    The person or persons you name to settle your affairs, who will be handling all aspects of the administration of your estate, including financial matters. You only need one executor, but you can appoint as many as you wish. Typically, with married couples, they would appoint one another as executors.
Gift:    A transfer of property (including money) to another person or entity under a will.
Gift Over:    An alternate recipient of a gift under a will in the event that the primary recipient does not survive the Testator of the will.
Guardian:    The person you wish to look after your children if both you and their other parent dies. They can be the same person(s) as your executor(s).
Holographic Will:    An entirely handwritten will, dated and signed by the Testator, but not signed by required witnesses. Not valid in all States.
Issue:    One or more lineal descendants of someone.
Lapse:    A gift in a will which fails to occur, usually because the beneficiary of the gift predeceases the Testator.
Legacy:    A gift of property by will.
Legatee:    A person or entity which is entitled to receive a monetary gift from the estate of a will.
Life Estate:    A right to use or occupy property for one's life.
Living Will:    A document by which you appoint one or more persons the right to make decisions affecting your health and the quality of treatment you receive, if you are unable to make such decisions for yourself. This can be a general document by which you give complete discretion to the person(s) you appoint, or it can be for specific purposes such as refusing artificial means of sustaining your life.
Per Stirpes:    By representation. To describe a distribution of property in a will when a beneficiary dies before the testator. If the words "per stirpes" are used, then a gift made in a will to someone who predeceases the Testator will be made instead to the children of such person equally. If the words are not used, then the gift will lapse and form part of the residue of the estate.
Power of Attorney:    A document you sign which gives another person or persons the right to make decisions affecting your property and assets while you are alive. For example, a Power of Attorney would allow the person you appoint to manage your finances in the event that you suffer a mental incapacity. Please note that a Power of Attorney terminates on your death.
Predecease:    To die before.
Probate:    The legal process by which a court sanctions a will. It is not mandatory, but may be required before many institutions will give effect to the intention of the will.
Remainder:    The interest in real property (real estate) that is left after another interest in the property ends, (i.e. full title after a life estate).
Residue:    The balance remaining of an estate after all specific gifts, bequests and grants are made.
Spouse:    A marriage partner; a husband or wife.
Testator:    A male person making a will.
Testatrix:    A female person making a will.
Trustee:    The person you name to deal with your property. This is often the same person as the Trustee.
 
 
   Instructions on Signing Your Will
 
 
1.   Read your will carefully to ensure that it accurately reflects your intentions.
 
2.   The will must be signed by you in the presence of two independent witnesses.  The witnesses cannot be:
 
(a)   persons who are or may become entitled to receive any benefit under, or interest in, your will (ie. your beneficiaries);
(b)   your spouse;
(c)   your executor.
 
3.   Once your witnesses are present, sign the will on the last page where indicated and make sure that the correct date appears on the will above your signature. All other pages of the will (excluding the last page) must be initialed by you in the bottom right hand corner of each page.
 
4.   Each witness must sign the last page of the will where indicated, then they must print their full names, addresses and occupations. Each witness must also initial each other page of the will (excluding the last page) in the bottom right hand corner of each page beside your initials.
 
1.  
 
Last Will and Testament
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. To be or not to be, that is the question.
2.   I appoint my common-law spouse, [Full Name of Common Law Spouse (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 situate, 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 common law spouse, [Name of Common Law Spouse], survives me for a period of thirty (30) days, to pay, transfer and assign the residue of my estate to her for her own use absolutely.
(e)   If my common law spouse, [Name of Common Law Spouse], predeceases me or survives me but dies within a period of thirty (30) days of the date of my death, to divide the residue of my estate in equal shares per stirpes among my issue living at the death of the survivor of my common law spouse and me; provided that the share of any child of mine who shall then be living but who shall not have attained the age of twenty-one (21) years shall be set aside and my Trustees shall keep such share invested and, subject as is hereinafter provided, may from time to time until such child becomes absolutely entitled to all the capital of such share pay to or apply for the benefit of such child the whole or such part of the net income derived from such share or from the part thereof from time to time remaining in trust and such part or parts of the capital thereof as my Trustees in their absolute discretion deem advisable. If in any year that my Trustees hold such share or any part thereof any portion of the said net income is not paid to or applied for the benefit of such child such portion shall be accumulated by my Trustees and added to the capital of such share and be dealt with as part thereof; provided that after the expiration of the maximum period permitted by law for the accumulation of income hereunder, if my Trustees are then holding such share or any part thereof, they shall thereafter pay to or apply for the benefit of such child the whole of the net income derived from such share. If such child should die before receiving the whole of his or her share, such share or the amount thereof then remaining shall be divided among the issue of such child who survive him or her in equal shares per stirpes or, if such child should leave no issue him or her surviving, among my issue who shall be living at the death of such child in equal shares per stirpes.
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.   In the event that my common law spouse, [Name of Common Law Spouse], predeceases me and if I die before any child of mine has attained the age of majority I appoint my [Relationship(s) of Guardian(s) of my Children (ie. my sister and brother-in-law)], [Name(s) of Guardian(s) of my Children], to have custody of such child and act as the guardian of the property of such child. It is my wish that before the expiration of ninety (90) days from the date of my death, [Name(s) of Guardian(s) of my Children] apply to have custody of such child and act as the guardian of the property of such child pursuant to the provisions of applicable legislation.
13.   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. 4)] 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.
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