Will Ottawa
Will Ottawa
Will Ottawa
In the event that should predecease me, or be unable or unwilling to act, or to continue to act, as
Executor and Trustee, I appoint my ____, to be the Executor and Trustee in his place. In the
event that _______ should predecease me, or be unable or unwilling to act, or to continue to act,
as Executor and Trustee, I appoint my _______, ______________ to be the Executor and Trustee
in her place. I refer to my Executor and Trustee, whether original or substituted as "my Trustee"
and when the singular and masculine or feminine are used, the same shall be construed as
meaning the plural and/or feminine or masculine or neuter when the context, or the parties
3. I GIVE all my property, including any property over which I may have a general
(a) To use his discretion in the realization of my Estate, with power to my Trustee to
sell any part of my Estate 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 my Trustee
may in his discretion decide upon, or to postpone the sale of any part of my Estate
as long as he pleases.
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(b) To pay all my just debts, funeral and testamentary expenses including income
taxes and any death taxes or succession duties payable as a result of my death.
(c) To distribute the articles of personal, domestic and household use or ornament
imposing any trust or legal obligation upon him, it is my desire that my Trustee
carry out my wishes with regard to the disposition of such articles as expressed in
(d) I give my Trustee authority to obtain, access, modify, delete, control, use, transfer
and otherwise give directions for any and all digital assets or information
contained in electronic form that belongs to me, over which I had access
shall include, but are not limited to, software licences, domain registrations, files
including, but not limited to, emails, digital media, digital content, electronic
accounts, including, but not limited to, e-mail accounts, social media accounts,
accounts, web hosting accounts, tax preparation service accounts, online store
accounts, affiliate accounts, loyalty program accounts, and any other digital
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delete and control any password and other electronic credentials associated with
me..
i. To hold the residue of my Estate in trust for my issue alive at the death of
provided that the share of each child of mine who shall be living at the
death of the survivor of me and my spouse shall be held and kept invested
or applied for the welfare, education, advancement in life and /or general
benefit of such child until he or she attains the age of 21 years when the
transferred to him or her. Any income not so paid or applied in any year
shall be added to the capital and dealt with as part thereof; and provided
further, that if such child should die before attaining the age of 21 years,
in trust for the children of such child who survive him or her, in equal
ii. In the event that no child or other issue of mine shall acquire an absolutely
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attaining the age of 21 years, the share of such person shall be held and kept invested by my
Trustee and the income and capital or so much thereof as my Trustee in his discretion considers
necessary or advisable shall be paid to or applied for the welfare, education, advancement in life
and/or general benefit of such person until he or she attains the age of 21 years, when the capital
of such share or amount thereof remaining shall be paid or transferred to him or her. Any
income not paid or applied in any year shall be added to the capital and dealt with as part thereof.
In the event that such person should die before attaining the age of 21 years, such share or the
amount thereof remaining shall be divided among my issue then living in equal shares per stirpes
5. I AUTHORIZE my Trustee to make any payments for any person under the age
of property, or attorney for property of such person, whose receipt shall be a sufficient discharge
to my said Trustee.
transfer any shares 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, payment or transfer, and I
expressly declare that my Trustee shall in his discretion fix the value of my Estate or any part
thereof for the purpose of making any such division, setting aside, payment or transfer, and the
shall not be limited to investments authorized by law for trustees but may make any investments
which in his discretion he considers reasonable and prudent, including investments in mutual
funds. My Trustee shall not be liable for any loss that may happen to my Estate in connection
with any such investment made by him in good faith in compliance with the above.
8. MY TRUSTEE may hold any of my assets in the form in which they may be at
the time of my death, for any length of time, whether or not they may be assets in which a
Trustee would otherwise be entitled to invest trust monies. Those assets retained shall be
considers appropriate and may mortgage or otherwise charge any of the assets of my Estate.
10. MY TRUSTEE may lend money or other assets of my Estate to any beneficiary or
guarantee any loans for any beneficiary or for any company owned or controlled by my Estate or
by a beneficiary or in which my Estate or beneficiary may have an interest, upon such terms,
with or without security, as my Trustee in the exercise of his absolute discretion considers
appropriate.
11. MY TRUSTEE may enter into any agreement, lease, or other transaction with
respect to any investments or property including real property held by my Estate upon such terms
12. ANY BENEFIT, whether as to income or capital or both, or income from capital
to which any person shall become entitled in accordance with the provisions of this my Will or
any Codicil thereto, shall not fall into any community of property which may exist between any
such person and his or her spouse and shall not form part of his or her net family property for any
purpose including purposes of the Family Law Act, R.S.O. 1990, c. F.4, of the Province of
Ontario and any amendments thereto or any successor legislation thereto, but shall only be paid
by my Trustee to such person on the condition that the same shall remain the separate property of
such person, free from the control of his or her spouse. This is an express statement within the
13. In the event of the death of my husband, _____, I appoint my ___, ____, to be the
guardian and custodian of my ____, __________, and any future children that I may have during
14. I AUTHORIZE and consent to the use of any of my organs for the purposes of
16. MY TRUSTEE shall have the power and authority to continue and carry on any
business which I may own, or in which I may be interested at the time of my death, (hereinafter
"my business") either alone or with another person or persons, for such length of time as in his
discretion he considers to be in the best interests of my Estate, with power to do all things
necessary or advisable for the carrying on, incorporation, winding up or disposal of any such
business or interest therein. IN THE EXERCISE of such power and authority, my Trustee shall
take into consideration the terms and conditions of any Agreement relating to the disposition of
connection with any company or corporation, my Trustee shall have the power and authority:
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(a) to join in or take any action in connection with such investment or to exercise any
rights, powers or privileges which at any time may exist or arise in connection
with any such investment to the same extent and as fully as I could if I were alive
(b) to retain as an investment of my Estate, for such length of time as in his discretion
In the exercise of such power and authority, my Trustee shall take into consideration the terms
and conditions of any Shareholders Agreement to which I may be a party, at the time of my
death.
18. MY TRUSTEE shall have the power to incorporate or join with any other person
or persons in the incorporation of any corporation, and to sell or exchange any part of my Estate
19. MY TRUSTEE shall have the power and authority to engage, employ or retain
20. MY TRUSTEE shall have the power to settle any claim or claims in connection
21. MY TRUSTEE shall have the power and authority to make any election provided
by the Income Tax Act (Canada) or to take advantage of any provision of the Income Tax Act
(Canada) when in his discretion he believes my Estate as a whole would benefit thereby (whether
or not the individual interests of any of my beneficiaries might so benefit) and my Trustee shall
not be personally responsible for any adverse consequences of any such election made or other
him 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 Trustee shall exercise the
powers, authority and discretion given to him in what he deems 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 his duties hereunder or as
not being maintenance of an even hand among the beneficiaries. All such exercise of his 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.
23. I DIRECT that my Executor and Trustee shall be entitled to receive and shall be
paid out of my Estate, as compensation for acting as Executor and Trustee, a fair and reasonable
annual allowance for the care, pain, trouble, and time expended with respect to the
24. Every person who would benefit under this Will but who fails to survive me by 30
days shall be treated for the purposes of the devolution of my Estate as having predeceased me.
upon this and the preceding ___ pages of paper subscribed my name this day of , 2021.
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Witness
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Witness