1 In this Act,

1 In this Act,

"common-law partner" means a person who, not being married to the other person, cohabited with him or her in a conjugal relationship

(f)for a period of not less than 3 years, or

(g)for a period of at least one year and they are together the parents of a child.

"common-law relationship" means the relationship between two persons who are common-law partners of each other;

12(1) Where a Will is attested by a person to whom or to whose then spouse, a beneficial devise, bequest, or other disposition or appointment of or affecting real or personal property, except charges and directions for payment of debt, is thereby given or made, the devise, bequest or other disposition or appointment is void so far only as it concerns the person so attesting, or the spouse or a person claiming under any of them; but the person so attesting is a competent witness to prove the execution of the will or its validity or invalidity.

12(1) Where a will is attested by a person to whom or to whose then spouse or common-law partner, a beneficial devise, bequest, or other disposition or appointment of or affecting real or personal property, except charges and directions for payment of debt, is thereby given or made, the devise, bequest, or other disposition or appointment is void so far only as it concerns the person so attesting, or the spouse or common-law partner or a person claiming under any of them; but the person so attesting is a competent witness to prove the execution of the will or its validity or invalidity.

12(3) Where a person to whom or to whose spouse, a beneficial devise, bequest or other disposition or appointment of or affecting real or personal property is given or made by a will, attests the will, the court, on application, if satisfied that neither the person nor the spouse of the person exercised any improper or undue influence upon the testator, may order that notwithstanding subsection (1), the devise, bequest or other disposition or appointment is valid, and thereupon, the devise, bequest or other disposition or the appointment, as the case may be, is valid and fully effective as through the will had been property attested by other persons.

12(3) Where a person to whom or to whose spouse or common-law partner, a beneficial devise, bequest or other disposition or appointment of or affecting real or personal property is given or made by a will, attests the will, the court, on application, if satisfied that neither the person nor the spouse or common-law partner of the person exercised any improper or undue influence upon the testator, may order that, notwithstanding subsection (1), the devise, bequest or other disposition or appointment is valid, and thereupon, the devise, bequest or other disposition or the appointment as the case may be, is valid and fully effective as though the will had been properly attested by other persons.

13(1) Where a will is signed for the testator by another person to whom or to whose then spouse, a beneficial devise, bequest, or other disposition or appointment of or affecting real or personal property, except charges and directions for payment of debt, is thereby given or made, the devise, bequest, or other disposition or appointment is void so far only as it concerns the person so signing or the spouse or a person claiming under any of them; but the will is not invalid for that reason.

13(1) Where a will is signed for the testator by another person to whom or to whose then spouse or common-law partner, a beneficial devise, bequest, or other disposition or appointment of or affecting real or personal property, except charges and directions for payment of debt, is thereby given or made, the devise, bequest, or other disposition or appointment is void so far only as it concerns the person so signing or the spouse or common-law partner or a person claiming under any of them; but the will is not invalid for that reason.

13(2) Where a person to whom or to whose spouse a beneficial devise, bequest or other disposition or appointment of or affecting real or personal property is given or made by a will, signs the will for the testator, the court, on application, if satisfied that neither the person nor the spouse of the person exercised any improper or undue influence upon the testator may order that notwithstanding subsection (1), the devise, bequest or other disposition or appointment is valid, and thereupon the devise, bequest or other disposition or appointment as the case may be, is valid and fully effective as though the will had been properly signed by the testator.

13(2) Where a person to whom or to whose spouse or common-law partner a beneficial devise, bequest or other disposition or appointment of or affecting real or personal property s given or made by a will, signs the will for the testator, the court on application, if satisfied that neither the person nor the spouse or common-law partner of the person exercised any improper or undue influence upon the testator may order that notwithstanding subsection (1), the devise, bequest or other disposition or appointment is valid, and thereupon the devise, bequest or other disposition or appointment as the case may be, is valid and fully effective as though the will had been properly signed by the testator.

14 Where real or personal property is charged by a will with a debt and a creditor or the spouse of a creditor whose debt is so charged attests the will, the person so attesting, notwithstanding such charge, is a competent witness to prove the execution of the will or its validity or invalidity.

14 Where real or personal property is charged by a will with a debt and a creditor or the spouse or common-law partner of a creditor whose debt is so charged attests the will, the person so attesting, notwithstanding such charge, is a competent witness to prove the execution of the will or its validity or invalidity.

16 A will or part of a will is not revoked except as provided in subsection 18(2) or

(a) subject to section 17, by the marriage of the testator; or

(b) by a later will valid under this Act; or

(c) by a later writing declaring an intention to revoke it and made in accordance with the provisions of this Act governing the making or a will; or

(d) by burning, tearing or otherwise destroying it by the testator or by some person in the presence and by the direction of the testator with the intention of revoking it.

16 A will or part of a will is not revoked except as provided in subsection 18(2) or

(a) subject to section 17, by the marriage or common-law relationship of the testator; or

(b) by a later will valid under this Act; or

(c) by a later writing declaring an intention to revoke it and made in accordance with the provisions of this Act governing the making of a will; or

(d) by burning, tearing or otherwise destroying it by the testator or by some person in the presence and by the direction of the testator with the intention or revoking it.

17 A will is revoked by the marriage of the testator except where

(a) there is a declaration in the will that it is made in contemplation of the marriage; or

(b) the will is made in exercise of a power of appointment or real or personal property which would not, in default of the appointment, pass to the heir, executor, or administrator of the testator or to the persons entitled to the estate of the testator if the testator died intestate.

17 A will is revoked by the marriage or common-law relationship of the testator except where

(a) there is a declaration in the will that it is made in contemplation of the marriage or common-law relationship; or

(b) the will is made in exercise of a power of appointment of real or person property which would not, in default of the appointment, pass to the heir, executor, or administrator of the testator or to the persons entitled to the estate of the testator if the testator died intestate.

18(2) Where in a will

(a) a device or bequest of a beneficial interest in property is made to the spouse of the testator; or

(b) the spouse of the testator is appointed executor or trustee; or

(c) a general or special power of appointment is conferred upon a spouse of the testator;

and after the making of the will and before the death of the testator, the testator's marriage to that spouse is terminated by a decree absolute of divorce or is found to be void or declared a nullity by a court in a proceeding to which the testator is a party, then unless a contrary intention appears in the will, the devise, bequest, appointment or power is revoked and the will shall be construed as if the spouse had predeceased the testator.

18(2) Where in a will

(a) a devise or bequest of a beneficial interest in property is made to the spouse or common-law partner of the testator; or

(b) the spouse or common-law partner of the testator is appointed executor or trustee; or

(c) a general or special power of appointment is conferred upon a spouse or common-law partner of the testator;

and after the making of the will and before the death of the testator, the testator's marriage to that spouse is terminated by a decree absolute of divorce or is found to be void or declared a nullity by a court in a proceeding to which the testator is a party, or the testator has ceased cohabitation with his or her common-law partner for at least one year, then, unless a contrary intention appears in the will, the devise, bequest, appointment or power is revoked and the will shall be construed as if the spouse or common-law partner had predeceased the testator.

18(3) In subsection (2) "spouse" includes the person purported or thought by the testator to be the spouse of the testator.

18(3) In subsection (2) "spouse" and "common-law partner" includes the person purported or thought by the testator to be the spouse or common-law partner of the testator.

59 This Act is subject to The Homesteads Act and Part IV of The Marital Property Act respecting the equalization of assets after the death of a spouse.

59 This Act is subject to The Homesteads Act and Part IV of The Marital Family Property Act respecting the equalization of assets after the death of a spouse or common-law partner.