Will – Gift Subject to Abstinence from Substance Abuse (Canada)

Creating a Last Will & Testament is a key part of financial planning, no matter how young or healthy you may be. It's essential to plan for the future of your survivors, and a Will is the most important legal document you can create to ensure that they won't be entangled in a lengthy probate process. This Will is specifically designed for the situation where the testator (the person making the will) first instructs the executor (also known as the trustee) to distribute specific property to a specified recipient (referred to as a beneficiary) (e.g. daughter will receive family jewelry) to be paid to him/her two years following the death of the testator only if he/she has, in the opinion of the Trustees, abstained from substance abuse (including drugs and alcohol consumption) during the two year period following my death.. The remainder, after the testator’s debts are paid off, (referred to as the residue) will then be distributed to other named beneficiaries of the testator’s choosing.

This packet includes:
• Information on making a Will,
• Explanations of general terminology,
• Instructions on signing a Will, and
• Will with gift conditional upon a recepient's abstinence from drugs

This form can be used in the following provinces and territories: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Saskatchewan and Yukon.

Summary of Will Provisions:
1) Named Executor
2) Gift to a specified receipient two years after testator's death if receipient has abstained from drugs
3) Residue to named beneficiaries in disproportionate shares