Revised July, 2001

Resources 3 - Memordandum of Instructions re signing of Will

It is essential that the proper procedure be followed in signing a will in order to satisfy the provisions of the Wills Act of British Columbia. Failure to follow this procedure precisely could invalidate the will.

Proceed as follows:

1. The person making the will (the testator) must sign the will in the presence of two independent witnesses who are not executor(s) or related to the testator or to any beneficiary by blood or marriage. All three persons must be present at the same time when the will is signed and must see each other sign. The testator and the witnesses must be at least 19 years old;

2. The testator first dates and signs the will on the last page using his/her normal signature;

3. The testator then initials each page of the will at the bottom right hand corner;

4. Witness #1 signs in the space provided using his/her normal signature and inserting the information required under the signature;

5. Witness #1 then initials each page of the will at the bottom right hand corner;

6. Witness #2 signs in the space provided using his/her normal signature and inserts the information required under the signature, and then initials each page at the bottom right hand corner.

7. Only the original copy of the will must be signed. Do not sign any other copy.

8. The original will is then placed in safekeeping (should be a fireproof vault in the lawyer's office or testator's fireproof vault or safety deposit box).

9. A copy of the will should be made for the testator (and any other person such as an executor, financial advisor, accountant, or lawyer who may be involved) Again, copies should not be signed.

10. No alteration of the Will should be made except in accordance with section 17 of the Wills Act of British Columbia.

J.H. Rocke Robertson
Direct Line: +1 (604) 267-2814
E-mail: robertson@aydinco.com