RTA · Wills and Succession Act
Part 2 — Wills Interpretation and Application of Part 2
21 Certain dispositions are void
40, a beneficial disposition that is made by will to
(a) an individual who acts as a witness to the signature of th e
testator,
(b) an individual who signs the will on behalf of the testator
under section 19(1),
(c) an interpreter who provided translation services in respect of
the making of the will, or
(d) the spouse or adult interdependent partner of an individua l
described in clause (a), (b) or (c)
is void as against the individual, the spouse or adult interdependent
partner of the individual and any individual claiming under any of
them.
(2) A disposition referred to in subsection (1) is not void
(a) if it is a charge or directio n for payment of remuneration,
including professional fees of a personal representative of
the estate or of an interpreter referred to in subsection (1)(c),
(b) in the case of a dispositio n to a witness, if the will is made
under section 16 or 17 or if the testator's signature is
witnessed by at least 2 other individuals under this Part, or
(c) if the Court validates the disposition by order under section 40.
(3) For the purposes of this section, the time for determining
whether an individual is the spouse or adult interdependent partner
of another individual is the time at which the will is made.
2010 cW-12.2 s21;2011 c20 s13