1st Session, 60th General Assembly
55 Elizabeth II, 2006
The Honourable Murray K. Scott
Minister of Justice
First Reading: June 30, 2006
Second Reading: October 31, 2006
Third Reading: November 23, 2006 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)
Clause 1 provides that a will is valid if it is wholly in the testator's own handwriting and is signed by the testator.
Clause 2 provides that a court may determine that a will is effective if the court is satisfied that the will embodies the intention of the deceased.
Clause 3 changes a reference to "actual military service" in Section 9 of the Act to "active military service".
Clause 4 eliminates the possibility that Section 12 of the Act could be used to challenge the appointment of an executor who had witnessed a will.
Clause 5 provides that, as regards the manner and formalities of making a will, a will made either within or without the Province is valid and admissible to probate if it is made in accordance with the law in force at the time of its making.
Clause 6 sets out the effects of a divorce on a will.
Clause 7 provides that this Act comes into force on proclamation.
1 Section 6 of Chapter 505 of the Revised Statutes, 1989, the Wills Act, is amended by adding "(1)" immediately after the Section number and by adding the following subsection:
2 Chapter 505 is further amended by adding immediately after Section 8 the following Section:
the court may, notwithstanding that the writing was not executed in compliance with the formal requirements imposed by this Act, order that the writing is valid and fully effective as if it had been executed in compliance with the formal requirements imposed by this Act.
3 (1) Subsection 9(2) of Chapter 505 is amended by striking out "actual military" in the first line and substituting "active".
(2) Subsection 9(3) of Chapter 505 is amended by striking out "actual military" in the fifth line and substituting "active".4 Section 12 of Chapter 505 is amended by adding "an appointment of an executor or executrix or" immediately after "than" in the first line. 5 Section 15 of Chapter 505 is repealed and the following Section substituted: