Can the CEP be my Executor / Witness / Beneficiary / Guardian?

Technically, the only restrictions are that for witnesses:

  • Witnesses MUST be at least 21 years old.
  • Witnesses MUST NOT be beneficiaries nor the spouses of beneficiaries. The term "beneficiaries" includes all beneficiaries, trust beneficiaries, remainder beneficiaries, and any substitutes for these beneficiaries in the Will.

This means that if the CEP is a beneficiary and/or spouse of a beneficiary, he/she CANNOT be a witness as well.

Aside from that, there is nothing written in the Wills Act that specifically prohibits the Certified Estate Planner assisting. There have been people who drafted Wills for their own family members, as well as CEPs who do so for their own family members.

That being said, the CEP might have other considerations, and if so, DO NOT PRESSURIZE THE CEPS TO TAKE ON ANY ROLES UNLESS THEY WILLINGLY OFFERED TO IN THE FIRST PLACE. In the end, our Certified Estate Planners are individuals who have helped many of their clients which makes it impracticable for them to take on roles for so many of them.

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