DAOD 7012-1, Preparation and Administration of Wills

Identification

Date of Issue: 2004-09-03

Date of Modification: 2007-11-21

Application: This is an order that applies to officers and non-commissioned members of the Canadian Forces ("CF members").

Supersession:

Approval Authority: This DAOD is issued under the authority of the Judge Advocate General (JAG).

Enquiries: JAG/Director of Estates or the nearest JAG representative.

Guidelines for Making or Reviewing a Will

When to Make or Review a Will

CF members are strongly encouraged to:

Except in the province of Quebec, if the testator (the person making the will) marries after making a will, the will is revoked unless it was made in contemplation of marriage and so states.

In the province of Quebec, a will is not necessarily revoked if the testator marries or forms a civil union after making the will. However, a marriage or civil union contract may include specific testamentary direction that would nullify any will made prior to the marriage or civil union.

Guidance

CF members should be aware of the following:

Note - Some provinces have special requirements regarding proof of active service.

Top of Page

Age of Majority

For the purpose of making a will, the age of majority is as follows:

Province or Territory Age

Alberta, Manitoba, Ontario, Prince Edward Island, Quebec and Saskatchewan

18 years

British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut and Yukon Territory

19 years

Will

DAOD Form 7012-1A, Will, is a very basic will that is appropriate primarily for single CF members. It does not provide for complex personal circumstances such as those set out below. A CF member should consult civilian legal counsel or, if in the province of Quebec, civilian legal counsel or a notary, if the CF member wishes to:

DAOD Form 7012-1B, Affidavit of Execution of Will, is to be completed by one of the witnesses to the will.

Will Certificate

DAOD Form 7012-1C, Will Certificate, provides a record, as applicable, that a CF member:

Will Administration

Enrolment

On enrolment, the first Records Support Unit (URS) of a CF member shall ensure the member submits one of the following:

Safekeeping and Control

DAOD Form 7012-1A, Will, with accompanying DAOD Form 7012-1B, Affidavit of Execution of Will, a civilian will or DAOD Form 7012-1C, Will Certificate, as applicable, shall be held as follows:

When a CF member is posted or transferred, the losing URS shall forward the documents to the gaining URS.

Unless a will or Will Certificate is sent within a personnel records envelope, it shall be sent under cover of form DND 728, Document Transit and Receipt, using the most economical track and trace method available.

If a will is made on enrolment or during active service, the CF member should retain a copy.

Returning of Will of CF Member

A CF member may request the return of their will at any time by submitting DAOD Form 7012-1C, Will Certificate, to the appropriate URS. If the CF member submits a new will or Will Certificate, the URS shall return any previous will held by the URS to that member.

Release

On release, the will of a CF member shall be:

However, if a CF member is released with unsound mind, any will or DAOD Form 7012-1C, Will Certificate, held by service authorities shall be forwarded by the most economical track and trace method to National Defence Headquarters/Director of Estates.

Inquiries from any person, other than a CF member, who claims to be entitled to the will of a CF member, shall be referred to the Director of Estates for reply.

Annual Notification

Commanding officers shall bring the importance of having a current and valid will to the attention of CF members under their command by making an entry each year in routine orders, with reference to this DAOD and DAOD 7012-0, Wills.

Top of Page

Instructions for Completing a Will and an Affidavit of Execution of Will

Completion of Will

The following instructions are numbered the same as the paragraphs in DAOD Form 7012-1A, Will. Read each instruction below and complete the corresponding numbered paragraph in the will. You are the testator (the person making the will).

(1) In this paragraph set out:

Example: This is the Last Will and Testament of   Jean Charles Richard   , residing at   385 Rideau Street   , in the City of   Ottawa   , Province of   Ontario   ,   A12 345 678   ,   National Defence Headquarters   .

(2) Completing this will revokes all previous wills and codicils.

Note - A codicil is a testamentary document that supplements, explains, modifies or subtracts from a will. It is normally used only for minor amendments to the original document.

(3) Failure to appoint an executor and trustee or, in the province of Quebec, a liquidator of the succession, will result in additional expense when settling your estate. Accordingly, you are strongly urged to appoint an executor and trustee or liquidator of the succession, and to name an alternate executor and trustee or liquidator of the succession in case the first person appointed predeceases you or cannot or will not so act. A beneficiary under the will may be appointed executor and trustee or liquidator of the succession. It is recommended that you avoid appointing any person who is or will likely be unable to act because of age or illness as your executor and trustee or liquidator of the succession.

(4) In this paragraph you may direct how specific items or specific amounts of money belonging to your estate are to be distributed. Describe the specific items or the amounts, and the person(s) you wish to have those items, as follows:

Gold Ring     Marie Dufour           456 Elgin St., Ottawa, ON, K2J 0S1
Renoir        Anthony Russell        789 Bank St., Ottawa, ON, K3K 4Z4
5,000         Jonathan Laflamme      27 Main St., Amos, QC, J9T 2L8

(5) In this paragraph you direct how everything remaining in your estate (the residue) is to be distributed. Describe the person(s) you wish to have as your estate beneficiary or beneficiaries as follows:

* if you are naming one person only:

    Marie Dufour   456 Elgin St., Ottawa, ON, K2J 0S1
         N/A                                     N/A                        

* if you are naming more than one person you will also need to specify the proportion to be given to each person:

    Marie Dufour       456 Elgin St., Ottawa, ON, K2J 0S1   50%  
    Anthony Russell  789 Bank St., Ottawa, ON K3K 4Z4   50%  

Note - If you dispose of your entire estate in paragraph (5) above, paragraph (4) should be struck out by drawing a diagonal line through it reflecting that you do not wish to have specific items distributed to any specific person or persons. The diagonal line must be initialled by the testator and witnesses.

(6) This paragraph sets out that you have signed and acknowledged your will in the presence of two witnesses, who signed in your presence and in the presence of each other.

(7) You must sign your usual signature in the presence of the two witnesses. You must also date your will.

(8) and (9) The two witnesses must, in your presence and the presence of each other, immediately sign their names, and insert their addresses and occupations in the space provided. The name of each witness is to be typed or printed under their respective signature. No person who acts as a witness can receive any benefit under the will.

Each page of your will should be initialled by you and by each of your two witnesses, together, in your presence.

Note - Any additions or alterations (including strike-outs) to your will must be initialled by you and each of your two witnesses.

Original and Copies of Will

Only the original of DAOD Form 7012-1A, Will, is signed. If a CF member wishes to retain a copy, a certified true copy is to be made.

Completion of Affidavit of Execution of Will

The following instructions are numbered the same as the paragraphs in DAOD Form 7012-1B, Affidavit of Execution of Will. Read each instruction below and complete the corresponding provision in the Affidavit of Execution of Will for the will that you witnessed.

In the first part of the Affidavit of Execution of Will, you must indicate the name of the testator, and your name, city or town, and province in which you are residing, as well as your occupation.

(1) In this paragraph, you must indicate the date you witnessed the will, as well as the name of the testator of the will.

(2) In this paragraph, you must indicate the age of the testator.

(3) In this paragraph, you must indicate the name, occupation, city or town, and province of residence of the other witness to the will.

The Affidavit of Execution of a Will is to be signed and sworn before a person who is entitled by law to administer oaths. Some commissioned officers on full-time service in the CF are entitled to administer oaths (see DAOD 7000-0, Affidavits and Statutory Declarations).

References

Source Reference

Related References