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Legal Will Requirements

You must be of sound mind. This means that you must:
- Be at least 18 years old or legal age for the state or province you are living in or an emancipated minor.
- Know what a will is.
- Know that you are making a will.
- Understand the relationship between yourself and the people who care for you (i.e. immediate family members, including spouse and family).
- Expressly state that this document is your will.
- Sign and date the will.
- Signed ("attested") by at least two or three witnesses:
The number of required witnesses depends on province or state law. It is recommended the witnesses not be related to you.

Must have on substantive provision that:
- Appoints a guardian for any minor children
- Lists who inherits specific items.
- States what happens to remaining property not specifically mentioned in the will.

Must appoint an executor:
- Responsible for supervising the distribution of property.
- Makes sure that all your debts and taxes are paid.

It is suggested that:
- If you had previous wills, instructions should be provided as to where they may be located as this will is the only one in force.

Requirements for a Trust:
- Valid declaration of trust form.
- Sign over the required deeds for property such as homes and automobiles that will be included in the trust.