DAOD 7012-1, Preparation and Administration of Wills
Table of Contents
Date of Issue: 2004-09-03
Date of Last Modification: 2007-11-21
Application: This is an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF members).
- CFAO 26-10, Wills
- Form CF 30, Will
- Form DND 452, Will Certificate
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.
When to Make or Review a Will
2.1 CAF members are strongly encouraged to:
- make a will on enrolment if they do not already have one;
- review and update their will upon the birth or adoption of a child; and
- make a new will:
- except in the province of Quebec, upon marriage, unless the existing will was made in contemplation of marriage and there is a declaration to that effect in the will; or
- upon any change in marital status.
2.2 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.
2.3 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.
2.4 CAF members should be aware of the following:
- wills made by CAF members who are under the age of majority may be valid under certain wartime or active service conditions in all provinces and territories, except in the province of Quebec where the testator must have reached the age of majority (see the Age of Majority block for applicable ages);
Note - Some provinces have special requirements regarding proof of active service.
- a person under the age of majority cannot be the executor of a will or, in the province of Quebec, the liquidator of the succession under the Civil Code of Quebec;
- the appointment and authority to act as executor or liquidator of the succession may be subject to confirmation by the appropriate provincial court;
- an intended beneficiary, or their spouse or common-law partner, should not sign the will as a witness, as a witness is not normally entitled to benefit from the will;
- a beneficiary, an executor, a liquidator of the succession, the testator and witnesses should be listed so that they can be readily identified. If they are CAF members, they should be identified by name, rank and service number (SN), rather than by position or appointment; and
- provincial law may govern the distribution of an estate, even though there is a valid will.
Age of Majority
2.5 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
British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut and Yukon Territory
2.6 DAOD Form 7012-1A, Will, is a very basic will that is appropriate primarily for single CAF members. It does not provide for complex personal circumstances such as those set out below. A CAF member should consult civilian legal counsel or, if in the province of Quebec, civilian legal counsel or a notary, if the CAF member wishes to:
- include instructions for guardianship of a minor child of the CAF member in the will;
- set up specific trusts under the will. A CAF member should consider establishing a trust if a minor child or children are named as beneficiaries;
- use the will for tax planning purposes;
- ensure that a benefit will only be given to a beneficiary who survives for a certain period of time following the death of the CAF member; or
- specify the law of a particular province or country that will apply to the distribution of the estate.
2.7 DAOD Form 7012-1B, Affidavit of Execution of Will, is to be completed by one of the witnesses to the will.
2.8 DAOD Form 7012-1C, Will Certificate, provides a record, as applicable, that a CAF member:
- does not wish to complete a will;
- has a will but has decided not to place it with the CAF for safekeeping;
- has a marriage or civil union contract that contains testamentary dispositions; or
- has not made a will because the CAF member is domiciled in the province of Quebec and has not reached the age of majority.
3.1 On enrolment, the first Records Support Unit (URS) of a CAF member shall ensure the member submits one of the following:
- 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.
Safekeeping and Control
3.2 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:
- the URS of a CAF member is responsible for the safekeeping and control of these documents and shall place them in a sealed envelope marked "Will of (SN and Name)" or "Will Certificate of (SN and Name)", as applicable; and
- if a ship is a URS, the designated shore establishment shall temporarily retain the documents during the ship's absence from home port.
3.3 When a CAF member is posted or transferred, the losing URS shall forward the documents to the gaining URS.
3.4 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.
3.5 If a will is made on enrolment or during active service, the CAF member should retain a copy.
Returning of Will of CAF Member
3.6 A CAF 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 CAF member submits a new will or Will Certificate, the URS shall return any previous will held by the URS to that member.
3.7 On release, the will of a CAF member shall be:
- returned to the CAF member and the member shall acknowledge receipt in writing; or
- forwarded by the most economical track and trace method to the address given on release, along with a request for written confirmation of receipt.
3.8 However, if a CAF 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.
3.9 Inquiries from any person, other than a CAF member, who claims to be entitled to the will of a CAF member, shall be referred to the Director of Estates for reply.
3.10 Commanding officers shall bring the importance of having a current and valid will to the attention of CAF members under their command by making an entry each year in routine orders, with reference to this DAOD and DAOD 7012-0, Wills.
Completion of Will
4.1 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:
your first names and surname;
your place of residence; and
your service number and unit.
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
* 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
4.2 Only the original of DAOD Form 7012-1A, Will, is signed. If a CAF member wishes to retain a copy, a certified true copy is to be made.
Completion of Affidavit of Execution of Will
4.3 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.
4.4 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.
4.5 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 CAF are entitled to administer oaths (see DAOD 7000-0, Affidavits and Statutory Declarations).
Acts, Regulations, Central Agency Policies and Policy DAOD
- DAOD 7012-0, Wills
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